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HomeMy WebLinkAboutAgenda Packets - 1999/03/22 CITY OF MOUNDS VIEW REVISED COUNCIL AGENDA MONDAY,March 22, 1999 7:00 PM SPECIAL WORK SESSION 6:00 A. Consideration of Resolution 5313 Chief Ramacher's Severance Package CITY COUNCIL MEETING - 7:00 PM 1. CALL MEETING TO ORDER 2. ROLL CALL: Coughlin, Marty, Stigney, Quick, Thomason 3. APPROVAL OF MINUTES A. Monday, March 8, 1999 City Council Meeting Minutes 4. SPECIAL ORDER OF BUSINESS A. Resolution of Appreciation for Duane McCarty from the I-35W Corridor Coalition B. Review of City Council/Staff Retreat 5. REPORTS 6. CONSENT AGENDA A. Approve Just and Correct Claims B. Resolution 5322 Regarding Acceptable Times of Flights for City Business C. Contractor Licenses for Approval D. Resolution 5327 Approval for purchase of Truck for Golf Course 7. UNFINISHED BUSINESS A. Long Distance Phone Bills 8. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR A. Citizens: Before speaking must give their full name and address for the minutes. 9. COUNCIL BUSINESS A. Public Hearing - 7:00 PM - Woodcrest Park Wetland Mitigation Public Hearing B. Public Hearing - 7:10 PM - and Consideration of Resolution 5314, a Resolution N:\DATA\USERS\TRACYS\SHARE\AGENDAS\3-22-99.CC March 18, 1999 To: Honorable Mayor and City Council From: Chuck Whiting, City Administrator Re: March 22, 1999 City Council Meeting A quick reminder(no pun intended here)that Council will be meeting at 6 p.m. in a work session to review the police chief severance use option before going into regular session at 7 p.m. Gary is on vacation and will not be able to make that work session. So here is what we have for Monday evening: Special Order of Business Item 4A-The I-35W Corridor Coalition put together a plaque for Duane McCarty who will be up to accept it. Item 4B -Review of Council/Staff Retreat: This would be a good time for the Council to make comments regarding the retreat. Council members should have received Mr. Neu's summary of the weekend. Once Council has reviewed this, I would like to begin work on some of the team building aspects with city employees. Staff has moved its meetings up to Tuedays in an effort to get the agenda packets done by Thursday as well. Consent Agenda Item 6D - Golf Course Truck Purchase: In a conversation with Council member Stigney, he asked for supporting information for the decision to purchase a new truck for the golf course and an inventory of all city trucks. Staff will be getting that information. I believe I have the authority to commit to this purchase but in deference to this discussion, I have placed it on the consent agenda if questions remain. If so, it will need to pulled off, if not, Council will be approving of the purchase. Unfinished Business Item 7A-Long Distance Phone Bills: In the Council's packet is the review of each long distance call for a previous bill and a summary of receipts and payments for 1998. The issues behind the interest in this bill revolves around the control of calls by employees. While there doesn't appear to be any abuses in my mind and our honor system of paying for personal calls and minimizing the making of personal calls appears to me to be satisfactory,the impression that abuse could happen may still need to be addressed. To that end, I will remind employees of their responsibility to use the city's phone system responsibly and minimize if not eliminate any personal long distance calling. Council Business Item 9A-Public Hearing re: Woodcrest Park Wetland Mitigation: Mike will have more to add on this, including an estimate and issues regarding attempting mitigation in Woodcrest Park. Being a public hearing, Council should expect questions from the community. Item 9B - CUP re: Outdoor Flower Mart: Staff's memo should cover this item. F , issue is first, whether the Council should consider allowing this employee to use a value attributed to unused sick leave for ongoing health insurance premiums costs instead of a one time severance payment. If so,then the amount to be used would need to be determined. I will forego detailing this further until the discussion Monday evening, but that is the basic issue before the Council. Item 9G- Severance Package for Rick Jarson: The Council should recall that the city is attempting to reach an agreement with the fire department to manage the city's building inspections. The budget was structured in 1999 to make this change April 1. Mr. Jarson is entitled to a severance package, and one is presented here based on the same terms agreed to last fall for two parks and recreation employees. In order to do this with Mr. Jarson, the Council needs to make an action committing to out sourcing of the service. This gives reason and allows the severance package to be offered. Despite the situation that a final agreement with the fire department is not ready, it would appear to be the appropriate thing to do respecting Mr. Jarson's situation and that no unforeseen problems exist in reaching terms with the fire department. I would recommend the Council approve these two resolutions Monday, and can expect the agreement with the fire department to be ready by the April 12 meeting. Staff will also ensure that the inspection service is provided in the short term if necessary. That's it for now. As of this writing,we are waiting for action to be taken on Representative Haake's airport bill. The House Transportation Committee met this morning hearing only our side of the bill before adjourning. They will be reconvening at 7 a.m. Friday morning, and I anticipate knowing the outcome mid morning and will relate it to you all. Ms. Haake make an impassioned series of statements this morning, as did Mayor Coughlin even as sick as he has been. Eden Prairie and Lake Elmo also testified effectively. Friday will be MAC's turn. Our lobbyists have been working hard on the committee members today. A late Thursday conversation with Ms. Haake had her feeling confident of a one vote victory for Friday. That's it for now. Have a good weekend and see you Monday. Regarding a Conditional Use Permit to Operate an Outdoor Flower Mart at the Moundsview Square Shopping Center C. Consideration of Edgewood Drive Realignment and T.H. 10 Signal Project Bids D. Resolution 5323 Authorizing Application for DTED Redevelopment Grant E. Resolution 5324 Children's Home Agreement F. Consideration of Resolution 5313 , Chief Ramacher's Severance Agreement G. Consideration of Resolutions 5325 and 5326 for severance package for Rick Jarson 8. REPORTS 9. Next Council Work Session: Monday,April 5, 1999, 6:00 PM Next Council Meeting: Monday,April 12, 1999 7:00 PM 10. Adjournment N:\DATA\USERS\TRACYS\SHARE\AGENDAS\3-22-99.CC To: Mayor and City Council From: Chuck Whiting MEMORANDUM Subject: Unfinished Business - Long Distance Phone Bills Date: March 18, 1999 Attached is information regarding the long distance phone bills, ■ U) (O�mt0- m�.-� OZ O.OtOf9 .- .NN .- OON�� OM0)1T-M NN - tD 0 00000.- 00000000000000000000000000W000 ° - Pr Q 01 1,1.1 .‹ Cr a-6,9 CI Z el s .7 l9 C- )- G W N N - - N - N N - - N N N N - .- N 1 N 0 0_ W 2 U O ¢ r < . w W U) - UJ __ m W N a MmN- ' U) 0) 0 n - MmtOmNmmmM - tn toa mnsmmuf mm- mmNmn ZC� Z Z < - tOa- Ot000 - t0 .- OOOMN00.-- - 00- 000- aONONm- -00 0 W W= h- _ _ _ UUZ Z J < J < > 2X00 — < — LL1p — paX QJpppX p0 iE .-..-. O 0 - > 3 LL > m2 -r UU3 u3 Z mMMw ver UtiZZu�r u�v� P.:. 00w 0 J 077Z 0 0 0Z ZZa Q V QQ�jp= W 0 < U {) UJ 0:- U.Z ULL ZZ a 0000LLZZwOLLLLO W OU _OJJ < J 0m JOtj7 < W(Zy� W < XJJiicc �M M 8,J Q V cr a s g i ¢E s a z rr CCr 0r< 02 ZWW' W3 -.000. 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Date: 03/18/1999 Time: 16:30:05 City of Mounds View Operator: Bruce Kessel Page: 1 FM Reports - Period Revenue & Expense Report Calendar Period: 01/1998 To: 12/1998 Fiscal Period: 01/1998 To: 12/1998 Budget Thru: 12/1998 General Fund Account# Account Title Period-to-Date Year-to-Date Net Budget PCT Revenues Total Revenues: 0.00 0.00 0.00 Expenses 100-4160-3100 Telephone 20,459.24 20,459.24 19,000.00 108 Tr Date Type Journal Receipt Check#/Date Vendor Description Amount 01/13/98 INV-IN 143 58135 01/13/98 Airtouch Cell Phones 33.76 01/13/98 INV-IN 143 58213 01/13/98 U. S. West 484-9155 70.24 01/27/98 INV-IN 201 58337 01/27/98 U. S. West 523-4126 31.55 01/27/98 INV-IN 201 58337 01/27/98 U. S. West E07-5356 117.13 01/27/98 INV-IN 201 58337 01/27/98 U. S. West 784-3055 1,943.37 01/27/98 INV-IN 201 58337 01/27/98 U. S. West 784-4349 49.47 01/27/98 INV-IN 201 58337 01/27/98 U. S. West 784-9871 56.19 02/10/98 INV-IN 255 20049 02/10/98 MCI Telecommunications Long Distance 143.51 02/24/98 INV-IN 286 20182 02/24/98 Lucent Technologies Lease 50.48 02/24/98 INV-IN 286 20227 02/24/98 U. S. West 484-9155 76.66 02/24/98 INV-IN 286 20227 02/24/98 U. S. West 507-5356 117.13 02/24/98 INV-IN 286 20227 02/24/98 U. S. West E23-4126 31.55 02/24/98 INV-IN 286 20227 02/24/98 U. S. West 784-4349 88.64 02/24/98 INV-IN 286 20227 02/24/98 U. S. West 784-3055 1,169.73 02/24/98 INV-IN 286 20227 02/24/98 U. S. West 784-9871 55.62 03/24/98 INV-IN 319 20408 03/24/98 MCI Telecommunications Long Distance 123.97 03/24/98 INV-IN 319 20458 03/24/98 U. S. West E23-4126 31.55 03/24/98 INV-IN 319 20458 03/24/98 U. S. West E07-5356 117.13 03/24/98 INV-IN 319 20458 03/24/98 U. S. West 484-9155 73.85 03/24/98 INV-IN 319 20458 03/24/98 U. S. West 784-9871 55.62 03/24/98 INV-IN 319 20458 03/24/98 U. S. West 784-4349 38.06 03/24/98 INV-IN 319 20458 03/24/98 U. S. West 784-3055 1,178.89 03/24/98 INV-IN 319 20419 03/24/98 Mounds View, City of Replenish Petty Cash 2.00 04/14/98 INV-IN 24 58906 04/14/98 U. S. West 484-9155 72.25 04/14/98 INV-IN 24 58906 04/14/98 U. S. West E07-5356 117.13 04/14/98 INV-IN 24 58906 04/14/98 U. S. West E23-4126 31.55 04/28/98 INV-IN 41 10097 04/27/98 U. S. West 784-3055 1,181.52 04/28/98 INV-IN 41 10097 04/27/98 U. S. West 784-4349 41.89 05/12/98 INV-IN 59 10154 05/12/98 Executone Telephone equipment 256.55 05/12/98 INV-IN 59 10231 05/12/98 U. S. West 484-9155 72.25 05/12/98 VOl-IN 349 10154 05/12/98 Executone Telephone equipment 256.55- 05/26/98 INV-IN 109 10357 05/26/98 Lucent Technologies Equipment Lease 50.48 05/26/98 INV-IN 109 10390 05/26/98 U. S. West 784-4349 80.02 05/26/98 INV-IN 109 10390 05/26/98 U. S. West 784-3055 1,191.48 06/23/98 INV-IN 167 10667 06/23/98 MCI Telecommunications Long Distance-Mar.,Apr.,M 439.06 06/23/98 INV-IN 167 10712 06/23/98 U. S. West 784-4349 73.04 06/23/98 INV-IN 167 10712 06/23/98 U. S. West 784-9871 55.63 Date: 03/18/1999 Time: 16:30:09 City of Mounds View Operator: Bruce Kessel Page: 2 FM Reports - Period Revenue & Expense Report Calendar Period: 01/1998 To: 12/1998 Fiscal Period: 01/1998 To: 12/1998 Budget Thru: 12/1998 General Fund Account# Account Title Period-to-Date Year-to-Date Net Budget PCT 06/23/98 INV-IN 167 10712 06/23/98 U. S. West 784-3055 1,208.48 06/23/98 INV-IN 167 10712 06/23/98 U. S. West 4849155 73.07 06/23/98 INV-IN 167 10712 06/23/98 U. S. West E07-5356 234.26 06/23/98 INV-IN 167 10712 06/23/98 U. S. West E23-4126 63.10 07/02/98 INV-IN 220 10742 07/02/98 Timothy Pittman Telephone Adapter 42.55 07/14/98 INV-IN 235 10753 07/14/98 Airtouch 799-2590 60.26 07/14/98 INV-IN 235 10834 07/14/98 MCI Telecommunications Long Distance Charges 141.95 07/14/98 INV-IN 235 10907 07/14/98 U. S. West E234126 31.55 07/14/98 INV-IN 235 10907 07/14/98 U. S. West 507-5356 117.13 07/14/98 INV-IN 235 10907 07/14/98 U. S. West E07-7384 82.31 07/14/98 INV-IN 235 10907 07/14/98 U. S. West 484-9155 73.06 07/28/98 INV-IN 262 11090 07/28/98 U. S. West 784-3055 1,211.39 07/31/98 PST-gl 312 AirTouch s/b "4130" 60.26- 08/11/98 INV-IN 308 11192 08/11/98 MCI Telecommunications Long Distance Charges 130.69 08/11/98 INV-IN 308 11252 08/11/98 U. S. West 784-9871 55.63 08/11/98 INV-IN 308 11252 08/11/98 U. S. West 784-4349 37.95 08/25/98 INV-IN 332 11354 08/25/98 Lucent Technologies Lease Payment 60.70 08/25/98 INV-IN 332 11397 08/25/98 U. S. West 484-9155 76.36 08/25/98 INV-IN 332 11397 08/25/98 U. S. West E07-5356 117.13 08/25/98 INV-IN 332 11397 08/25/98 U. S. West 784-3055 1,171.69 08/31/98 PST-GL 362 E07-7384 s/b charged to p 82.31- 09/15/98 INV-IN 375 11463 09/15/98 Airtouch 799-2590 32.68 09/15/98 INV-IN 375 11588 09/15/98 U. S. West 507-5356 117.13 09/15/98 INV-IN 375 11588 09/15/98 U. S. West 484-9155 72.32 09/15/98 INV-IN 375 11516 09/15/98 MCI Telecommunications Long Distance 263.26 09/29/98 INV-IN 405 11710 09/29/98 U. S. West 784-3055 1,163.36 09/29/98 INV-IN 405 11710 09/29/98 U. S. West 784-9871 122.85 09/29/98 INV-IN 405 11710 09/29/98 U. S. West 784-4349 65.40 10/13/98 INV-IN 427 11797 10/13/98 MCI Telecommunications Long Distance Charges 146.89 10/13/98 INV-IN 427 11845 10/13/98 U. S. West 484-9155 73.91 10/13/98 INV-IN 440 11856 10/13/98 Mounds View, City of Replenish Petty Cash 6.35 10/13/98 INT-CR 446 435 City employees Telephone 6.03- 10/27/98 INV-IN 449 11972 10/27/98 U. S. West E07-5356 117.13 11/10/98 INV-IN 480 12046 11/10/98 MCI Telecommunications Long Distance 163.53 11/10/98 INV-IN 480 12096 11/10/98 U. S. West 784-9871 59.10 11/10/98 INV-IN 480 12096 11/10/98 U. S. West 784-4349 33.16 11/10/98 INV-IN 480 12096 11/10/98 U. S. West 784-3055 1,198.67 11/24/98 INV-IN 514 12185 11/24/98 Lucent Technologies Lease Payment 60.70 11/24/98 INV-IN 514 12222 11/24/98 U. S. West 784-3055 1,167.50 11/24/98 INV-IN 514 12222 11/24/98 U. S. West E07-5356 117.13 11/24/98 1NV-IN 514 12222 11/24/98 U. S. West 484-9155 71.52 11/30/98 PST-gl 771 reimb-various personal ca 16.00- 12/08/98 INT-CR 551 869 Employees Telephone 8.31- 12/10/98 INV-IN 560 12417 12/10/98 Western Bank Replenish Petty Cash 15.00 12/15/98 INV-IN 546 12405 12/15/98 U. S. West 784-4349 33.16 12/15/98 INV-IN 546 12405 12/15/98 U. S. West 784-9871 59.10 Date: 03/18/1999 Time: 16:30:09 City of Mounds View Operator: Bruce Kessel Page: 3 FM Reports - Period Revenue & Expense Report Calendar Period: 01/1998 To: 12/1998 Fiscal Period: 01/1998 To: 12/1998 Budget Thru: 12/1998 General Fund Account# Account Title Period-to-Date Year-to-Date Net Budget PCT 12/15/98 INV-IN 546 12405 12/15/98 U. S. West 484-9155 72.32 12/15/98 INV-IN 546 12405 12/15/98 U. S. West E07-5356 117.13 12/29/98 INV-IN 570 12501 12/29/98 U. S. West 784-4349 66.32 12/29/98 INV-IN 570 12501 12/29/98 U. S. West 784-9871 118.20 12/29/98 INV-IN 570 12501 12/29/98 U. S. West 784-3055 1,176.99 12/31/98 INV-IN 601 12567 12/31/98 M.C.I. Worldcom Long Distance Charges 126.23 12/31/98 PST-gl 790 Executone-Void 10154 256.55- Detail Total: 20,459.24 Total General: 20,459.24 20,459.24 19,000.00 108 Total Expenses: 20,459.24 20,459.24 19,000.00 108 Excess of Revenues over(under) Expenditures: 20,459.24- 20,459.24- 19,000.00- • \ ti. is. 7 ,...j ,,.., 1:44ot; ,...16.1. :,...:44.:; i. *.4_..., *"` 1'. 141. *. '''' 1 Ili ,'1 14* 1 41' r gs.' 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(41(.41 N C1W O)•'V A(.11 AIA 0)V C4 d6 4.4.µ4.•G0 o4. µ.'r 414 CO COCn.440)VI.'C 0Cri.003r-40-(4o•-0100 I'4 01(00. m = d (n(nA000 AIA 0)CA Ulr 01 CO OC-0M•'1N•0A0.VACn4Ptor AlCJ .-G'10.11VO • , 4:.,N�T-(46:.a 4..A �:t•J(II W N.OPNOCn011UI VMhJWA0 WP..'..pV V lCJ(IAIPO --I { i I 1 I i I I A 1 I 1 0 'I,: li 0 • 01. 000,0 CO CJ' IP) 0 0 i' I0 o1�!CO k'0 0''CO;` 1-4 .. 1 • i i I ' II 4 1 I 1 Li • • • • • .•`- '•` • •. • • • • E" i;�j,6 • i • • •T"• , M". I l '�- ',. F,:CYCLEo Floor! 4g, {` .j CITY OF MOUNDS VIEW COUNCIL AGENDA MONDAY, March 22, 1999 7:00 PM SPECIAL WORK SESSION 6:00 A. Consideration of Resolution 5313 Chief Ramacher's Severance Package CITY COUNCIL MEETING - 7:00 PM 1. CALL MEETING TO ORDER 2. ROLL CALL: Coughlin, Marty, Stigney, Quick, Thomason 3. APPROVAL OF MINUTES A. Monday, March 8, 1999 City Council Meeting Minutes 4. SPECIAL ORDER OF BUSINESS A. Review of City Council/Staff Retreat 5. REPORTS 6. CONSENT AGENDA A. Approve Just and Correct Claims B. Resolution 5322 Regarding Acceptable Times of Flights for City Business C. Contractor Licenses for Approval D. Resolution 5327 Approval for purchase of Truck for Golf Course 7. UNFINISHED BUSINESS A. Long Distance Phone Bills 8. RESIDENTS REQUESTS AND COMMENTS FROM THE FLOOR A. Citizens: Before speaking must give their full name and address for the minutes. 9. COUNCIL BUSINESS A. Public Hearing - 7:00 PM - Woodcrest Park Wetland Mitigation Public Hearing B. Public Hearing - 7:10 PM - and Consideration of Resolution 5314, a Resolution Regarding a Conditional Use Permit to Operate an Outdoor Flower Mart at the Moundsview Square Shopping Center N:\DATA\USERS\TRACYS\SHARE\AGENDAS\3-22-99.CC C. Consideration of Edgewood Drive Realignment and T.H. 10 Signal Project Bids D. Resolution 5323 Authorizing Application for DTED Redevelopment Grant E. Resolution 5324 Children's Home Agreement F. Consideration of Resolution 5313 , Chief Ramacher's Severance Agreement G. Consideration of Resolutions 5325 and 5326 for severance package for Rick Jarson 8. REPORTS 9. Next Council Work Session: Monday,April 5, 1999, 6:00 PM Next Council Meeting: Monday,April 12, 1999 7:00 PM 10. Adjournment N:\DATA\USERS\TRACYS\SHARE\AGENDAS\3-22-99.CC z MOUNDS VIEW CITY COUNCIL MEETING MINUTES MONDAY, MARCH 8 1999 Ma ' '" 7:00 P.M. 1. CALL MEETING TO ORDER. Pledge allegiance. 2. ROLE CALL: Coughlin, Quick, Marty, Stigney. Not present: Thomason. 3. APPROVAL OF MINUTES: Third page, last paragraph Fourth page middle of the paragraph, spelling of Barb Haake. Bottom of the page, item 6A, change bill to $59. Garage is over 950 square feet. Three more pages Mr. Stigney stated Third sentence says, I do not like the cost basis. We haven't talked about planning issues. Next sentence, have to vote for something. Next paragraph halfway down PUD (planned unit development). City had lost And if the cost sharing basis could be changed at all. Next sentence Mr. Jopke stated. Next page about 3/4 the way down,Mr. Stigney asked for a delay, and if a delay at our next Council meeting would cause initiation of legal action on your part. Next page, second paragraph, first sentence, should be plural, on previous votes, and he will not. Two more sentences down, it says, and you pay 1/4 of the light, that should be 3/4 of the light. tr h Y _'' q t = ,: Next page, Mr. Stigney stated process 89, second sentence says that would have been (change depleted to) completed. Motion/Second: Stigney/Coughlin. To approve the minutes of February 22, 1999, with the said corrections. Ayes - 4. Nays-O. 4. SPECIAL BUSINESS REPORTS Mr. Marty stated Rick Wriskey, City Forester, came to speak about some of the things he does in the City and some of the plans he has for our Community Center, and also the realignment of Edgewood. He wanted to see about moving some of the shavings from the trees that have been planted out here and relocating them. We can't save them all,but we can try to save some of them. They are going to be doing planting and landscaping. They do it in the spring and fall. They are going to be planting on the north side of the Community Center in late April. This is not on the landscape plan, but it is something that he is going to be probably trying to work in. To have the City Forester do the planning and landscaping, this is a cost savings of 80-90% off what a landscaping company would charge. In the Park and Recreation area, we are trying to see about looking to installing two outdoor half court basketball courts at the Community Center. We checked into this and right now we got a bid of about$4500 each to install. That's with the pavement,backboard and paving. It seemed this was a fair and reasonable price. They are also looking in to getting safety bases for adult softball. First base is orange. Apparently four or five years ago there was somebody who was injured pretty badly and it is going to be just on the outside of a base, so they don't have to worry about a collision, or sliding in. At the April 17, and 18, Sports Federation is having a volleyball tournament over in our Community Center. For people who wanted to find out how the Mounds View Matters is delivered. We had a number of residents said they have not received them. This summer,they have a proposed day camp set up for mid-June and mid-August, for kids that are ages five to nine. They are going to be doing swimming, field trips, and sports activities. This spring they have an outreach for spring,Upward Bound. This is for kids grades four to six,who are recommended by their teachers and they may need a little more guidance. Because of this, it is funded, so it is at no cost to the City. It is a way to help out some kids. Right now,they are having an open gym on weekends and they are having 30 to 40 kids show up each time, so that seems to be already pretty well intended. Since we are probably going to be doing away with Woodcrest with the proposed wetland site, we are going to look into about possibly moving that playground from there to (Brandon)Park, instead of just scrapping it, because (Brandon) Park is the only other park we have on the south side of Highway 10,and the equipment we have there now is primarily for very p 1 i Vi ii i 1 i LI -: ' 1 small kids and we already have this equipment. Mayor Coughlin stated a report on the airport issues, in which he asked Mr. Marty to attend. Mr. Marty stated he and Mr. Rick Jopke attended Storm Water Management's seminar today, and Mr. Marty found it very informative. There are a number of different opinions and ideas. Some of them have been around for 20 years or so, but no one has really implemented them before. Some of the of the cities around the area, Stillwater,Maplewood,and Woodbury, are starting to implement some of the storm water practices that they read about. There was a person there from Park and Recreation. He stated in Scandinavia,what they do in business areas to keep the green space,they are having rooftop gardens, and they are going to be looking into that to putting some gardens up on top of buildings, so we will have something that will handle some of the water. They are going to start with the picnic areas down around Lake Harriet and Lake Calhoun. They have not been constructing yet, but they are going to. There was other information that I passed on to Mary (Malrick) on our Streets Committee, and she is going to be doing some follow-up on that for some ideas that came up today before they complete their final report for us. Mr. Marty stated he will be sharing some of this information with them. Mayor Coughlin stated issues that are all airport-related. One is just an update. Essentially Barbara Haake, our 52B Representative, along with other people on the local government committee got her bill through the first hurdle. The airport bill is essentially to try to help out at our airport, as well as some of the reliever airports, and deal with some of the runway lengths and other issues of minor use and intermediate use airports. Mr. Coughlin added a personal note that he had never seen someone work as tenaciously as our Representative down there. She is absolutely a tiger when it came to working on these things and to be quite honest I think she was only getting a couple of hours of sleep per night, because she was so worried about being at the Capitol for a couple of months having to face the many lobbyists that were against her. It was good to see that go through. We are going to be testifying on behalf of our coalition coming next Thursday. So hopefully, if we cross our fingers and pray, we will get through that next hurdle as well. Mayor Coughlin would like to thank Gina(Wesson) from Action Crafts. She facilitated a tour of the airport for me and some of the other members from Blaine City Council,who were there as well. Mr. Coughlin wanted to extend a thanks to her. Mayor Coughlin stated also airport-related,Representative Barb Haake is going to be holding a town meeting here in City Hall, March 18, at 7:00 p.m. She invites anyone who has any questions, comments, or concerns about the airport, and the issues surrounding that,to come here and she will be addressing those as well as talking about the building she has offered. Mr. Stigney stated he went to the Planning Commission meeting and some of the items discussed with the lenders were how the green is incorporated, and how to resolve that on an ongoing basis. A lot of time was spent on the bylaws, going over the bylaws, as to where they are now, and how they got there, and what was the rationale behind it, and some changes that were proposed to be made. Ur, rrrwt I 1 ` U L Mr. Stigney stated an additional item discussed was a comprehensive plan and Rick Jopke handed out handouts to everybody on the Comp Plan, and went over some basic functions of it, and where we are at now, and trying to get up to date. Mr. Whiting stated Chamber of Commerce, March 23. Mr. Whiting discussed airport issues and discussion of bylaws of other airports. Mr. Whiting discussed Mounds View Matters. Mr. Bob Long stated he agreed with the efforts of the committee was quite an effort. Now that it is open next week. Coordinating with Senator Novak's office, and timing so that we can push the bill through both Housing Committees in the House,to be done by March 19, that's the deadline. The Senate has until the end of March. We have been working with Senator Novak's office to make sure that two committees and the Senate are also being scheduled and they will be meeting the week of 29th, or late in the week of the 22nd. 6. CONSENT AGENDA: Mayor Coughlin asks if any of the Council members wish to have items removed. Mr. Stigney stated he will like to pull items 6A and 6C, for additional explaining. Motion/Second: Stigney/Marty. To approve agenda item 6B and 6D. Ayes - 4. Nays - O. 6A. APPROVING JUST AND CORRECT CLAIMS Mr. Stigney stated there was a couple of items to have clarification. One of the claim settlements that we paid to the League of Minnesota Cities for$2124. Mr. Stigney is curious to what that was all about. Mr. Whiting stated City and County pickup truck option for bringing to the car lot,having it crushed. Mr. Stigney's question is what is our policy,how are we filling this gap so it doesn't happen again. Secondly, the League of Minnesota City is our insurance agent who made this settlement unbenounced to the City that paid the claim, unbenounced to the City, and now we are paying the agent. Mr. Stigney would like more clarification. Mr. Whiting stated this essentially is correct. N:\USERS\CARIS\COUNCIL\MINUTES\MVCC8.MAR4 ; ‘;-, ii . -- a Mr. Stigney stated the agent that is acting on our behalf should certainly notify us of the occurrence of a settlement when they are dealing with our money, not their money. Mr. Stigney stated the vendor that has the impound lot, they have no liability at all in having the vehicle crushed when they weren't supposed to. Mr. Stigney questioned the digital camera being installed. Mr.Marty stated on top of page three,Burnet Realty, special assessment,for$1,175. Mr. Marty was curious as to what that was. Mr.Marty stated on page five,we have an assumption for plate printing,two thirds of the way down, wedding plan profile. We think this may be for a brochure for banquets. Motion/Second: Stigney/Marty. To approve 6A, approve just and correct claims. Ayes - 4. Nays - O. Mr. Stigney has a question for clarification. Mr. Stigney questions why are we doing a resolution. Mr. Whiting stated(inaudible). Mr. Stigney has no problem with this as long as we get the residents involved. Mr. Stigney stated the last item on there,the application of the Planning Commission. This is not something the City can approve, or is advocating to the City Council as advocating or approving. Mr. Marty stated is there a possibility for starting to do a survey of questions for Mounds View Matters to get this out to the citizens, and another survey to do billboards along the golf course. Mr. Marty pointed out the escalating costs of the bond repayments. This could offset some of the costs of the golf course, as the rates go up. Mr. Marty stated as was talked about in the work session this is not something that any of us really relish; putting billboards up. Mr. Stigney stated this is not just billboards on the golf course, it is seven billboards all along Highway 118. Mr. Whiting (inaudible). Mr. Bob Long stated there is a procedural issue that in your code under chapter 105.02, subdivision 1,there is a provision that talks about every current contractor and other written instrument shall be executed on the applicant's behalf by the Mayor, and clerk administrator, obviously only after approving by the Council. So in order to submit the application with the formal document, the Planning Commission must approve it, you have to have action on City Council to initiate that, on N:\USERS\CARIS\COUNCIL\MINUTES\MVCC8.MAR5 U A,0 , ., n,, I, behalf of the City. But, to Councilman's Stigney's point, you could include a paragraph or just a clause at the end of the resolutions that would say something to this effect, adding this line at the very end. However, in no event does adoption of this resolution predetermine the Council's action on this matter,but it will have to come back to the zoning issue anyway. You have to authorize just to get it in front of the Planning Commission, but you also can't predetermine, so we are simply allowing to go forward with discussion for the moment. Mr. Long stated we need action to initiate this. Mayor Coughlin stated adding at the end of the resolve paragraph, however, in no event does this action predetermine Council action on this matter. Mr. Stigney stated this is agreeable with himself,with the understanding that the Council wants us, the Planning Commission,to change all these zoning laws. Motion/Second: Stigney/Marty. To approve Resolution 5321, with the added sentence at the end. Ayes -4. Nays-0. 7. UNFINISHED BUSINESS: A. Long distance phone bills. Mr. Whiting stated he did not have a chance to discuss this with staff. Mr. Stigney would like to carry this over because he does not have any significant answer to the question or the purpose of the long distance phone calls. Mr. Stigney did receive more information after getting the billing. We have 141 long distance calls. Some of these are close to 30 minutes, and some are very short. Mr. Stigney's secondary question is these are all being billed to the phone number 784-3055, which is our previous old number here. Mr. Stigney has a question is why are new numbers not being used. Mr. Whiting (inaudible). Mr. Stigney there is also long distance calls being billed to 717-7400 number. Mr. Stigney did ask about how this was being controlled. Apparently it is left up to the directors of each department, and they have no way of knowing who made those calls. Mr. Stigney stated Mr. Whiting indicated that in the past sometimes they passed an envelope to people to place money in if they have a personal call to make. Mr. Stigney asks how much has been contributed to this last month's time. Mr. Stigney asks the purpose of these calls,whether they are needed,whether they.are business-related. Mr. Whiting (inaudible). N:\USERS\CHRIS\COUNCIL\MINUTES\MVCCB.MAR6 ti Mayor Coughlin stated his concern with people who are making 40-50-60-$70,000 a year and having them look up phone bills,probably paying them more to look the phone bills up than the phone bills total in charges. At some point there is a diminishing return on this. Mr. Stigney stated it not a dollar figure of diminishing returns. It was more of a policy issue. Mr. Patrick Toth stated the status of the camera. Mr. Patrick Toth stated we do have the camera. The situation with the system is specific areas of this unit that actually moves the camera,that was returned, it is not finished yet. Panisonic is still working on it. The Lee Group is going through some personnel changes,the main installer of the equipment is no longer employed there. They are looking at a combination of subcontractors for replacing him with someone permanent. Because that happened we have to have someone who is basically new. We have not paid the bill yet. We are holding on to the check until all work is completed. Why they have not come out to do some of the smaller items is a question of concern. 8. RESIDENTS' REQUESTS AND COMMENTS FROM THE FLOOR: Mr. Bruce Braeselme, 5127 Long Lake Road. Mr. Braesemle would like to deliver a letter that perhaps may touch some ears,but felt necessary to compose a rebuttle to the letter presented to you by Mr. Michael Berke, a new Planning Commissioner. I will preface this by saying it is my intent to set all personal feelings aside and work with this Council to the best of my ability. While there may be some things that tweak a few of you,realize that I am firmly committed to working with you and not against you. This is why it is in a letter form rather than me coming up and ranting and raving in front of the camera. We are not intending to grandstand. With that,I think I will distribute this letter. If you have any questions, you may feel free to call me. It does two things, it provides a rebuttle to some of the arguments that Mr. Berke makes, and it also my side of the case in this matter. Mr. Braesemle appreciates your indulgence and thank you for your time. Motion/Second: Stigney/Marty. To approve Resolution No. 5321, Authorizing the golf course superintendent to investigate the process of placing billboards on golf course and adjacent property including making application to the Planning Commission. 9A. CONSIDERATION OF RESOLUTION 5313: Chief Ramacher's severance agreement. Mr. Whiting stated there was a discussion to resolve this matter. The question brought to Mr. Whiting's attention was an option that some employees' health insurance paid in upon their retirement. Mr. Whiting stated Chief Ramacher for 20 years had far more sick leave than anybody else. Mr. Whiting stated they arrived at a figure of 1800 hours,this would possibly be$38,000,paid to health insurance. Mr. Marty asked when we were working on the budget, we talked about the previous Council that N:\USERS\CHRIS\COUNCIL\MINUTES\MVCC8.MAR7 ' P -ROVL- Li came up there was a $7000 difference and then by the end of the night things had been slotted around, and there was a$14,000 difference. This was worked out. The Chiefs contract states he gets 50% of 960 hours. Mr. Quick asks for clarification, do you have a contract or statement or anything for percentages. Mr. Whiting stated only on 950 hours. Mr. Quick asked if the Chief is covered on that. Mr. Whiting stated this is a personnel rule. Ms. Schmidt added it exempts all of the police personnel,the municipal code,provisions code. This is another reason why this was brought to you. Mr. Quick stated Council member Marty said he was covered by 65% clause, that is the maximum number of 960 hours. Mr. Quick asked if there are any other individuals at the PD that are not covered by the 65% clause. Ms. Schmidt stated the provision referred to of the code that exempts all police personnel under the municipal code provision. The union personnel are covered by their contract. The City personnel are covered by the municipal code provision, so the question before us then is what do we want to imply to one individual. Mr. Marty some of the previous information as states under current policy is 50% of 960. This is to all nonunion employees. That was be a cost to the City of$15,677. Mr. Whiting (inaudible). Mr. Marty stated under the current policy the Chief would be due $15,677. Mr. Quick stated there is no policy. Mayor Coughlin stated Mr. Marty was referring to the 960 hours,the general nonunion contract. Mr. Marty stated the difference between that and what was submitted to us tonight was $38,212. That is an additional cost to the City of another$22,535. Mr. Whiting (inaudible). Mr.Marty stated he received a memo from Bruce Kessel stating employees not covered by collective bargaining agreements have been granted eight hours of sick leave per month, 12 days per year,with a maximum approval of 960 hours. The current policy for employees not covered by the collective bargaining agreement is that an employee leaving services of the City is entitled to 100% of their approved vacation. One half of their approved sick leave, not to exceed 480 hours, which is 960 N:\USERS\CARIS\COUNCIL\MINUTES\MVCC8.MAR8 C 4 Rte. , hours,times half, equals 480 hours. YYY— � — A ,, Mr. Whiting (inaudible). Mr. Stigney stated another memo we have, February 16, from Cari Schmidt stated, sick leave, severance pay shall be granted in the amount of 50%to employees who have completed 10 years of service,maximum accumulation of sick leave is 120 days,and that is 960 hours. Additional banked sick leave hours will not be computed in severance pay. From there on, we are looking at alternatives to somehow cover the Chief under the union negotiation where it states right in here although Chief Ramacher is not under the union,he would like to unify the provision for severance pay. He is not a member of that union, he is not paying dues in that union, and Mr. Stigney stated he does not know why he would suddenly fall under the blanket of that provision. Once he went from patrol officer to Police Chief,it would seem to me that he changed his provision, and no longer was a union employee,he became an exempt management employee. He would fall under the 960 hours maximum. It should be the $15,000 he is entitled to. Mr. Long stated in Section 301.02, subdivision 3, it specifically states that this title personnel shall not be applicable to policeman or officers of the police department. Mr. Long asked does this mean that the Police Chief who is not a policeman or an officer,but is Chief,that meant that he is excluded or does it mean that he is not a policeman or an officer per se, being a patrol officer. There is vagueness here, from the way you calculate severance to the way that you look at discipline is not applying to the police department because that is technically under jurisdiction of your Police Civil Service Commission. The Commission was established in a 1988 code, Section 30.01. Mr. Marty would like to postpone 9A to the next meeting because obviously there is a gray area that we need to sort out, so we can't make a decision one way or the other, until some of this has been sorted out. Mr. Marty would like to work this out in the next work session. Mr. Braesemle stated he was not going to be able to attend that work session, he would like the Council to consider Chief Ramacher patrol as an officer perhaps he should be considered under the same rules as the officers are considered under rather than a management standpoint. Mr. Quick pointed out this individual here has accumulated 2680 hours. By going to 1800 hours, you eliminate 110 days. Mr. Quick stated this is not the proper way to reward an individual that has come in and done their job,week after week,month after month, year after year. The proposal Mr. Quick put forth at the work session was very simple. The total accumulated hours divided by 50% gives them a reward for coming to work, don't penalize them for coming to work, but reward them. Mayor Coughlin stated the discussion needs to be germane to the postponement. Motion/Second: Mayor Coughlin calls for the vote. All in favor of postponing until Monday,March N:\USERS\CHRIS\COUNCIL\MINUTES\MVCCS.MAR9 22, at the special work session at 6:00 p.m.,prior to the Council meeting at 7:00 p.m. Ayes - 4. Nays-0. 9B. CONSIDERATION OF RESOLUTION 5320 Appointing an interim Chief of Police and establishing compensation. Ms. Schmidt stated resolution 5320 which states that Chief Ramacher recommendation that Lieutenant Dave Brick for interim Chief of Police receive a standard monthly increase of$750 per month. Motion/Second: Marty/Quick. To approve consideration of resolution 5320, appointing interim Chief of Police and establishing compensation. Ayes - 4. Nays - 0. 9C. CONSIDERATION OF RESOLUTION OF 5322: This is regarding acceptable times of flights for City business. Mr. Whiting(inaudible). Mr. Marty stated this seemed pretty general, basic and straightforward. We should go ahead and draft it with this number and possibly put it on the consent agenda. 9D. CONSIDERATION OF POLICE CHIEF POSITION PROFILE: Motion/Second: Stigney/Coughlin. To consider Police Chief position profile. Ayes - 4. Nays-0. Mayor Coughlin adjourns the City Council meeting at 8:37. N:\USERS\CARIS\COUNCIL\MINUTES\MVCC8.MAR10 4,A CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING JUST AND CORRECT CLAIMS AGAINST CITY FUNDS WHEREAS, the City of Mounds View,pursuant to Minnesota Statute 412.141, has full authority over the financial affairs of the City and; WHEREAS,the City Council has reviewed the claim numbers: 12995 through 13005 in the amount of$ 19,155.97 100127 through 100230 in the amount of$ 203,578.92 TOTAL AMOUNT OF CLAIMS PRESENTED: $ 222,734.89 and has found said claims to be just and correct; It was moved that the City Council of Mounds View hereby approved the attached list of claims dated 03/23/99 by the vote ayes nayes Mayor Clerk-Administrator Date: 03/18/1999 Time: 08:35:55 Operator: Marge Norquist Page: 1 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Ranges: Fund: (A) Dept Id: (A) Program: (A) Vendor #: (A) Invoice #: (A) Schedule Journal #: (A) Bank #: (A) Cash #: (A) Payroll Check Dates: (A) Options: Print: A Sort: V Report Format: 1 Print Ranges/Options: Y # of copies: 1 Process Payroll: N Total By Account: Y Page on Sort: N Check # Vendor Alpha Name Description All Amount 100142 A.B.C. Restoration Ser Cleaned carpet spots 4650 100.80 Total for Vndr A.B.C. Restorati 100.80* 100143 Action Systems Activation of Telephone 4901 3,485.00 100143 Action Systems Software for Voice Proce 4901 1,000.00 Total for Vndr Action Systems 4,485.00* 100130 Airtouch 201-2559 4823 28.82 100130 Airtouch 202-4548 4901 66.65 100130 Airtouch 581-4716 4350 36.90 100130 Airtouch 799-2586 4823 39.67 100130 Airtouch 799-2587 4823 14.32 Total for Vndr Airtouch 186.36* 100144 American Office Produc Bank Deposit Stamp 4160 28.76 100144 American Office Produc Colored Paper 4200 12.61 100144 American Office Produc Name Badges 4100 178.92 Total for Vndr American Office 220.29* 100146 Bankcard Center ARMA Membership 4160 160.00 100146 Bankcard Center Botanicals-Brennan Baby 4160 47.60 100146 Bankcard Center Broadway Pizza 4160 83.79 100146 Bankcard Center Budget Rent A Car 4901 106.85 100146 Bankcard Center Holiday Inn 4901 614.21 100146 Bankcard Center Lakeland Florist 4350 600.00 100146 Bankcard Center Mermaid 4160 18.48 100146 Bankcard Center MN Sports Federation " 4352 120.00 100146 Bankcard Center OfficeMax 4160 28.06 100146 Bankcard Center Park & Fly 4901 51.00 100146 Bankcard Center Sun Country 4901 288.00 Total for Vndr Bankcard Center 2,117.99* 100147 Barnum Door & Gate Ser Clutch Faces, Clutch Spr 4460 31.07 Total for Vndr Barnum Door & Ga 31.07* 100148 Beisswengers Ball Valves, Hose Nipple 4823 15.53 Date: 03/18/1999 Time: 08:35:55 Operator: Marge Norquist Page: 2 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 100148 Beisswengers Galv.Plug, Plumbing Part 4823 2.67 100148 Beisswengers Grounded Switch 4460 .84 100148 Beisswengers Heat Shrink Tube 4823 8.26 100148 Beisswengers Masking Tape, Brushes, T 4460 14.82 100148 Beisswengers Masking Tape, Nylon Rope 4650 8.92 100148 Beisswengers Paint, Roller, Pole 4460 27.93 100148 Beisswengers Pipe Joint Tape,Hose Nip 4823 19.32 100148 Beisswengers Plumbing Parts 4823 9.35 Total for Vndr Beisswengers 107.64* 100172 Bill Hanson Mileage Reimbursement 4823 36.96 Total for Vndr Bill Hanson 36.96* 100138 Blimpie Subs & Salads Lunch for Met.Govt.Acces 4350 30.00 Total for Vndr Blimpie Subs & S 30.00* 100151 Bredemus Hardware Co., Locks 4350 45.22 Total for Vndr Bredemus Hardwar 45.22* 100152 Brighton Veterinary Ho Veterinary Services 4200 332.50 Total for Vndr Brighton Veterin 332.50* 100153 Browning Ferris Indust Medical Waste 4200 33.00 Total for Vndr Browning Ferris 33.00* 100154 Bumper to Bumper 4462 -96.55 100154 Bumper to Bumper Mini Lamps 4462 25.45 100154 Bumper to Bumper MX614A 4462 39.41 100154 Bumper to Bumper Parts for Chev Caprice 4462 96.55 Total for Vndr Bumper to Bumper 64.86* 100211 Cari Schmidt Mileage Reimbursement 4100 66.90 Total for Vndr Cari Schmidt 66.90* 100155 Carlson Tractor & Equi Verning 72 Bucket less t 4823 399.38 Total for Vndr Carlson Tractor 399.38* 100134 Circus Circus Pizza Bowling,Pizza,Swimming P 19.17 Total for Vndr Circus Circus Pi 19.17* 100150 City of Blaine 2850 82nd Lane N.E. 4901 20.76 100150 City of Blaine 8290 Coral Sea St. 4901 21.79 Total for Vndr City of Blaine 42.55* 100136 City of Maple Grove Bowling, Pizza, Swimming 10.50 Total for Vndr City of Maple Gr 10.50* 100156 Cottens, Inc. Compressor Belt 4823 11.87 100156 Cottens, Inc. Drain Plug, Fitting 4465 12.83 100156 Cottens, Inc. Hose 4350 7.92 Date: 03/18/1999 Time: 08:35:55 Operator: Marge Norquist Page: 3 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount Total for Vndr Cottens, Inc. 32.62* 100157 D. C. A. Inc. Flex.Spending Acct.-Feb. 4160 150.00 Total for Vndr D. C. A. Inc. 150.00* 100158 David-Geoffrey & Assoc Golf Merchandise 4901 443.90 Total for Vndr David-Geoffrey & 443.90* 100131 Dish Network Golf Channel 4901 299.47 Total for Vndr Dish Network 299.47* 100127 Elan Financial Service 4160 -60.00 100127 Elan Financial Service Amazon Com,Inc. 4160 27.91 100127 Elan Financial Service Asset Recovery Corp. 4470 77.50 100127 Elan Financial Service AT & T Worldnet Serv. 4900 19.95 100127 Elan Financial Service Botanicals & Beyond 4160 42.28 100127 Elan Financial Service C.T.P. 4900 14.95 100127 Elan Financial Service Golf Course Superintende 4900 129.20 100127 Elan Financial Service Govt.Finance Officers As 4150 275.00 100127 Elan Financial Service K Mart 4901 200.20 100127 Elan Financial Service Minnesota Book Store 4160 244.76 100127 Elan Financial Service Office Max 4901 33.57 100127 Elan Financial Service Oglebay Park 4901 614.11 100127 Elan Financial Service Point Restaurant 4470 24.53 100127 Elan Financial Service Target 4160 29.81 Total for Vndr Elan Financial S 1,673.77* 100159 Elegant Thymes Caterin Community Ed.Catering 111.00 100132 Elegant Thymes Caterin Comtrol Corp. Luncheon 599.85 Total for Vndr Elegant Thymes C 710.85* 100160 Evi-Paq Gun Box, Knife Box, Rifl 4200 139.03 Total for Vndr Evi-Paq 139.03* 100161 Executone Maintenance Agreement 4160 489.00 Total for Vndr Executone 489.00* 100162 Five D Limited Gasoline 4200 488.53 Total for Vndr Five D Limited 488.53* 100135 Flaherty's Bowling, Pizza, Swimming 12.00 Total for Vndr Flaherty's 12.00* 100163 Focus News Publishing-Ordinance #62 4160 48.15 100163 Focus News Publishing-Wetland Mitig 4160 12.15 Total for Vndr Focus News 60.30* 100164 Fridley, City of 3048 Bronson Dr. 4823 30.00 100164 Fridley, City of 7325 Pleasant View Dr. 4823 30.00 100164 Fridley, City of 7365 Pleasant View Dr. 4823 30.00 Date: 03/18/1999 Time: 08:35:55 Operator: Marge Norquist Page: 4 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 100164 Fridley, City of 7375 Pleasant View Dr. 4823 30.00 100164 Fridley, City of 7385 Pleasant View Dr. 4823 30.00 100164 Fridley, City of 7415 Pleasant View Dr. 4823 30.00 100164 Fridley, City of 7425 Pleasant View Dr. 4823 30.00 100164 Fridley, City of 7447 Pleasant View Dr. 4823 30.00 100164 Fridley, City of 7457 Pleasant View Dr. 4823 30.00 100164 Fridley, City of 7545 Pleasant View Dr. 4823 60.31 100164 Fridley, City of 7555 Pleasant View Dr. 4823 51.31 100164 Fridley, City of 7581 Pleasant View Dr. 4823 49.81 100164 Fridley, City of 7611 Pleasant View Dr. 4823 45.81 Total for Vndr Fridley, City of 477.24* 100165 G E Capital IT Solutio CLR Scammer 4180 292.88 Total for Vndr G E Capital IT S 292.88* 100166 Generator Specialty Co Starter Repair Kit 4360 209.25 Total for Vndr Generator Specia 209.25* 100145 Gloria Averbeck Trip Refund 21.50 Total for Vndr Gloria Averbeck 21.50* 100167 Gopher State One-Call, 22 Calls 4825 38.50 Total for Vndr Gopher State One 38.50* 100168 Government Training Se Land Use Planning Worksh 4180 396.00 100168 Government Training Se Land Use Planning Worksh 4110 297.00 100168 Government Training Se Land Use Planning Wrksp. 4650 99.00 100168 Government Training Se Land Use Planning Wrkshp 4180 99.00 Total for Vndr Government Train 891.00* 100170 Green Tree Vendor Sery Lease Payment 4823 154.22 Total for Vndr Green Tree Vendo 154.22* 100171 . Greenman Technologies Tire Tipping 4460 20.00 Total for Vndr Greenman Technol 20.00* 100197 Greg Norman Collection Golf Merchandise 4901 663.00 Total for Vndr Greg Norman Coll 663.00* 12995 Health Partners Dental ins. for March 4360 1,173.21 Total for Vndr Health Partners 1,173.21* 100173 Heller Financial, Inc. Golf Merchandise 4901 402.67 Total for Vndr Heller Financial 402.67* 12996 ICMA Retirement Trust ICMA for 03/11/99 3,588.45 Total for Vndr ICMA Retirement 3,588.45* 100174 Ikon Office Solutions Copier Service 4160 131.70 • Total for Vndr Ikon Office Solu 131.70* Date: 03/18/1999 Time: 08:35:56 Operator: Marge Norquist Page: 5 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 100175 Innovative Images Batteries, Bean Pots 4730 71.59 100175 Innovative Images Matl.for Comm. Ctr. 4730 5.04 Total for Vndr Innovative Image 76.63* 100176 Insty Prints Printing-Airplane Copies 4100 52.72 Total for Vndr Insty Prints 52.72* 100177 Jones Sports Co., Inc. Golf Merchandise 4901 346.87 Total for Vndr Jones Sports Co. 346.87* 100149 K. Bell Golf Merchandise 4901 226.49 Total for Vndr K. Bell 226.49* 100178 Kath Auto Parts & Mach Disc Brake Set 4462 12.24 100178 Kath Auto Parts & Mach Disc Pad Set, Disc Brake 4462 62.83 Total for Vndr Kath Auto Parts 75.07* 100179 Kennedy & Graven Adjustment to Retainer 4160 1,030.00 100179 Kennedy &Graven Administration 4160 1,640.00 100179 Kennedy & Graven Airport Legislation 4100 11,045.92 100179 Kennedy & Graven Airport Litigation 4100 26,003.55 100179 Kennedy & Graven Building Code Enforcemen 4160 315.50 100179 Kennedy & Graven Condemnation of Bridge E 4180 120.30 100179 Kennedy & Graven General Land Development 4160 23.00 100179 Kennedy & Graven General Real Estate Matt 793.50 100179 Kennedy & Graven General Zoning Matters 4160 20.00 100179 Kennedy & Graven Harstad vs Mounds View 4180 161.00 100179 Kennedy & Graven Hillview Road 116.95 100179 Kennedy & Graven O'Neil Property PUD 4180 23.00 100179 Kennedy & Graven Saarion/Personnel Matter 8,225.74 100179 Kennedy & Graven Silver Lake Commons 1,989.15 100179 Kennedy & Graven TJB Homes, Inc. 126.50 Total for Vndr Kennedy & Graven 51,634.11* 100180 Lakes Air Heating & Co Maint.Shop Boiler repair 4460 170.00 100180 Lakes Air Heating & Co Vacuum Cleaner, Bags 4460 345.76 Total for Vndr Lakes Air Heatin 515.76* 12997 Law Enforcement Labor Union Dues for March 462.00 Total for Vndr Law Enforcement 462.00* 100185 League of Minnesota Ci Medical Ins.-Michna 4200 196.45 Total for Vndr League of Minnes 196.45* 100181 League of Minnesota Ci Quarterly Ins. Payment 4900 23,461.75 Total for Vndr League of Minnes 23,461.75* 100182 Lightning Printing Printing 4350 939.33 Total for Vndr Lightning Printi 939.33* Date: 03/18/1999 Time: 08:35:56 Operator: Marge Norquist Page: 6 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 100183 Lillie Suburban News Ad for Booster Station B 4823 34.13 100183 Lillie Suburban News Ads for Bids, Notices, 0 4160 187.71 100183 Lillie Suburban News Ads, Notices 4180 109.21 100183 Lillie Suburban News Home Show Ad 4650 156.00 Total for Vndr Lillie Suburban 487.05* 100184 Little Falls Machine, Plate Drilled,Mitred Fla 4465 126.24 Total for Vndr Little Falls Mac 126.24* 100186 Manpower Receptionist 4823 457.38 Total for Vndr Manpower 457.38* 100187 MCI Worldcom Long Distance 4160 96.01 Total for Vndr MCI Worldcom 96.01* 100188 Menards 50 Gal.Tote, Storage Con 4350 164.74 100188 Menards Counter Top, Kitchen Fau 4160 150.15 100188 Menards Jig Saw Blades, Punch Se 4900 9.77 100188 Menards Joist Support, Carbine B 4350 36.99 Total for Vndr Menards 361.65* 100189 Metro Council Environm Wastewater Service 4823 54,935.22 Total for Vndr Metro Council En 54,935.22* 100190 Metro Legal Services, Del. to Nystrom Publishi 4160 25.00 100190 Metro Legal Services, Del. to S.Riggs 4100 20.00 Total for Vndr Metro Legal Sery 45.00* 100141 Metrocall State Display Service 4823 55.67 Total for Vndr Metrocall 55.67* 100191 Micron Electronics, In Computer Equipment 4650 4,421.88 Total for Vndr Micron Electroni 4,421.68* 100192 Midwest Coca/Cola Beverages 4901 222.55 Total for Vndr Midwest Coca/Col 222.55* 100193 Minar Ford Indicator 4462 10.84 Total for Vndr Minar Ford 10.84* 12998 Minnesota Child Suppor Child Support for 03/11/ 690.90 Total for Vndr Minnesota Child 690.90* 100139 Minnesota Department o Seminar-Schnur, Fredberg 4472 193.00 Total for Vndr Minnesota Depart 193.00* 100194 Minnesota Dept. of Nat Aquatic Nuisance Control 4350 20.00 Total for Vndr Minnesota Dept. 20.00* 12999 Minnesota Mutual MN Mutual 307.69 Date: 03/18/1999 Time: 08:35:56 Operator: Marge Norquist Page: 7 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount Total for Vndr Minnesota Mutual 307.69* 13000 MINNESOTA STATE RETIRE MN State Retire for 03/1 300.00 Total for Vndr MINNESOTA STATE 300.00* 100195 Mita Financial Service Copier Payment 4200 124.99 Total for Vndr Mita Financial S 124.99* 100140 Natty Incorporated Golf Merchandise 4901 1,297.52 Total for Vndr Natty Incorporat 1,297.52* 13001 NCPERS Life Insurance Pera Life Ins. for March 69.00 Total for Vndr NCPERS Life Insu 69.00* 100196 New Mech Companies, In Booster Station improvem 4823 5,227.85 Total for Vndr New Mech Compani 5,227.85* 100198 North Star Glass Mirror, Frame 4350 387.14 Total for Vndr North Star Glass 387.14* 100199 Northern Sanitary Supp Glass Cleaner,Gloves,Pai 4350 231.21 Total for Vndr Northern Sanitar 231.21* 100129 Northern States Power 2234 Hwy. 10 4416 129.38 100129 Northern States Power 2399 Hwy. 10-Co.Rd.H2 Si 4416 151.11 100129 Northern States Power 2401 Hwy. 10-Well #1 4823 919.06 100129 Northern States Power 2408 Hillview Rd.-Well # 4823 93.58 100129 Northern States Power 2426 Bronson Dr. 4823 377.14 100129 Northern States Power 2450 Bronson Dr. 4823 868.08 100129 Northern States Power 2450 Bronson Dr.-Booster 4823 96.47 100129 Northern States Power 2466 Bronson Dr.-Maint.G 4460 689.39 100129 Northern States Power 2524 Bronson Dr.-Well #2 4823 104.36 100129 Northern States Power 2800 Hwy. 10-Silver Lake 4416 15.55 100129 Northern States Power 5100 Long Lake Rd.-Well 4823 1,107.22 100129 Northern States Power 5394 Edgewood Dr.-Comm.0 4650 2,883.82 100129 Northern States Power 5394 Edgewood-Comm. Ctr. 4650 2,538.16 100129 Northern States Power 5396 Raymond Ave.-Lift S 4823 52.44 100129 Northern States Power 5510 Quincy St.-Traffic 4416 105.37 100129 Northern States Power 7545 Groveland Rd.-Well 4823 873.13 100129 Northern States Power 8228 Spring Lake Rd.-Str 4416 12.71 100129 Northern States Power 8251 Groveland Rd.-Lift 4823 38.71 Total for Vndr Northern States 11,055.68* 100200 Nystrom Publishing Co. Printing City Newsletter 4160 2,244.76 Total for Vndr Nystrom Publishi 2,244.76* 100201 Office Depot Cabinet, Calculator, App 4160 110.92 100201 Office Depot Copy Paper 4160 894.05 100201 Office Depot Markers 4160 7.42 100201 Office Depot Office Supplies 4160 50.00 Date: 03/18/1999 Time: 08:35:56 Operator: Marge Norquist Page: 8 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount Total for Vndr Office Depot 1,062.39* 100202 Orkin Exterminating Co Exterminating-March 4160 82.01 Total for Vndr Orkin Exterminat 82.01* 100203 Perfect "10" Car Wash Car Wash 4200 5.33 Total for Vndr Perfect "10" Car 5.33* 100204 Photos by Jenny Pictures-Banquet Room,We 4350 60.00 Total for Vndr Photos by Jenny 60.00* 100205 Premier Upholstery, In Replaced cushion insert 4465 290.00 100205 Premier Upholstery, In Truck Bench Seat repair 4470 205.00 Total for Vndr Premier Upholste 495.00* 13002 Public Employees Retir PERA for 03/11/99 10,977.03 Total for Vndr Public Employees 10,977.03* 100206 Ramsey County Assurance, Filing Fees 4180 39.00 100206 Ramsey County Haz.Waste Generator Lice 4460 405.00 100206 Ramsey County Truth in Taxation Notice 4160 734.91 Total for Vndr Ramsey County 1,178.91* 100207 Remap Corporation Line Access Charge-March 4180 49.95 Total for Vndr Remap Corporatio 49.95* 100208 Rogers Printe Shoppe Artwork for Srping Progr 4350 106.50 Total for Vndr Rogers Printe Sh 106.50* 100210 Savin Corporation Copies 4160 28.30 Total for Vndr Savin Corporatio 28.30* 100212 Serco Labs Bacteria Testing 4825 77.00 100212 Serco Labs Safety Training 4823 300.00 Total for Vndr Serco Labs 377.00* 100213 Short-Elliott & Hendri Edgewood Dr. realignment 4470 2,131.37 100213 Short-Elliott & Hendri Hwy. 10 Traffic Signals 4470 3,821.02 100213 Short-Elliott & Hendri Plans & Specs for Edgewo 4470 5,346.28 100213 Short-Elliott & Hendri Plans & Specs for Hwy.10 4470 5,294.97 Total for Vndr Short-Elliott & 16,593.64* 100214 Snyders 35mm Battery 4200 11.70 100214 Snyders Comm. Ctr.Supplies 4350 15.53 100214 Snyders Film Processing 4200 3.18 Total for Vndr Snyders 30.41* 100215 Spalding Golf Merchandise 4901 315.63 Total for Vndr Spalding 315.63* Date: 03/18/1999 Time: 08:35:56 Operator: Marge Norquist Page: 9 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 100216 Spring Lake Park Fire Fire Inspection Services 4210 1,154.16 Total for Vndr Spring Lake Park 1,154.16* 100217 Spring Lake Park Lumbe 2 x 2s 4350 17.04 100217 Spring Lake Park Lumbe 2 x 4s 4350 5.62 100217 Spring Lake Park Lumbe Hammer Bit, Lags 4350 23.54 100217 Spring Lake Park Lumbe Lumber, Particle Board 4350 113.81 Total for Vndr Spring Lake Park 160.01* 100218 Suburban Tent & Awning Hot Mix Tarp 4470 73.49 Total for Vndr Suburban Tent & 73.49* 100219 Sun Mountain Golf Merchandise 4901 772.50 Total for Vndr Sun Mountain 772.50* 100220 Sysco Food Services of Janitorial Supplies,Chip 4901 387.59 Total for Vndr Sysco Food Servi 387.59* 100221 T R Computer Sales, In Permitworks Services thr 4180 413.75 Total for Vndr T R Computer Sal 413.75* 100222 T.S.E., Inc. Comm.Ctr.Janitorial Sery 4350 760.00 Total for Vndr T.S.E., Inc. 760.00* 100223 Tape Distributors of M 4350 -227.06 100223 Tape Distributors of M Tape Sleeves 4350 231.11 Total for Vndr Tape Distributor 4.05* 100137 Tim Evans 5 Transmitters 4823 135.00 Total for Vndr Tim Evans 135.00* 100209 Tracy Sanchez Mileage Reimbursement 4160 48.00 Total for Vndr Tracy Sanchez 48.00* 13003 Twin City Federal Mort TCF for March 488.00 Total for Vndr Twin City Federa 488.00* 100225 U. S. West 484-9155 4160 70.51 100225 U. S. West 717-7343 4360 42.50 100225 U. S. West 783-7491 4350 366.26 100225 U. S. West 784-3055 4160 1,122.22 100225 U. S. West E07-5356 4160 117.13 100225 U. S. West E07-7384 4200 82.31 Total for Vndr U. S. West 1,800.93* 100224 U. S. West Communicati 780-1908 4360 20.05 100224 U. S. West Communicati 784-1076 4360 20.05 100224 U. S. West Communicati 784-1305 4360 20.05 Total for Vndr U. S. West Commu 60.15* Date: 03/18/1999 Time: 08:35:56 Operator: Marge Norquist Page: 10 City of Mounds View FM Entry - Invoice Payment - Approval of Bills Check # Vendor Alpha Name Description All Amount 100133 U. S. West Dex Directory Ad 4730 162.60 Total for Vndr U. S. West Dex 162.60* 100226 Unitog Rental Services Floor Mats 4350 91.07 100226 Unitog Rental Services Uniform Rental 4826 379.55 Total for Vndr Unitog Rental Se 470.62* 13004 Unum Life Insurance Unum Life Ins. for March 4200 979.69 Total for Vndr Unum Life Insure 979.69* 100227 Viking Electric 600V Fuse 4823 12.63 Total for Vndr Viking Electric 12.63* 100169 W. W. Grainger Cabinet 4350 258.24 Total for Vndr W. W. Grainger 258.24* 100228 Wager's, Inc Maintenance Contract 4460 31.99 Total for Vndr Wager's, Inc 31.99* 13005 Western Bank Savings for 03/11/99 120.00 Total for Vndr Western Bank 120.00* 100229 Wold Architects & Engi Architectural & Engineer 4160 528.11 Total for Vndr Wold Architects 528.11* 100230 Ziegler, Inc. Repair Bucket 4465 301.59 Total for Vndr Ziegler, Inc. 301.59* Grand Total 222,734.89* COB RESOLUTION NO. 5322 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING CITY EMPLOYEES TO CONDUCT AIRLINE TRAVEL BETWEEN THE HOURS OF 7:00 AM AND 10:00 PM WHEREAS,the City of Mounds View requires its employees to do a minimal amount of airline travel; and WHEREAS,the City recognizes that airline travel between the hours of 10:00 PM and 7:00 AM is disruptive to citizens in the areas surrounding the Minneapolis/St. Paul International Airport; and WHEREAS,the City of Mounds View desires to show its support for reducing noise pollution caused by air travel in the Metropolitan area; NOW THEREFORE, BE IT RESOLVED THAT the City of Mounds View hereby requires its employees to conduct all City-related airline travel between the hours of 7:00 AM and 10:00 PM. Adopted this day of March, 1999 ATTEST Mayor Dan Coughlin (SEAL) Chuck Whiting, City Administrator Item No. 6 C Type of Business: CA WK: Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Mayor and City Council From: Barb Benesch Item Title/Subject: CONTRACTOR LICENSES FOR APPROVAL Meeting Date: March 22, 1999 Please consider the following contractor licenses for approval. All applicants have submitted appropriate fees and proof of insurance. Licenses are renewals unless specified. Those licenses defined as "new" include all applicants that have never been licensed with the City and those that have not been licesed with the City All will expire on June 30, 1999. TREE TRIMMING/REMOVAL Fran's Tree Service -New HVAC Brookyn Air Heating &Air -New Erickson Plumbing, Heating & Cooling, Inc. Staff Recommendation: Approve license applications as requested. ozoD STAFF REPORT TO: Chuck Whiting DATE: March 18, 1999 City Administrator FROM: John D. Hammerschnudt TOPIC: Truck Golf Course Manager HISTORY: For the last three years I have made every effort to do projects in-house rather than thru the use of contractors. The cost savings to the golf course has been demonstrated in the amount of projects we are able to afford to do each year. The need for a larger, newer pick-up has always been recognized by staff and previous councils but until now has not been a high priority. For past projects we have used a 1992 Ford Ranger that was bought used in 1994. This truck was bought with the intention of running errands, carrying small loads, and transportation for city business. The truck currently has 79,750 miles on it and a value of about $1,500. We have hauled everything from fertilizer to rock to lumber etc. using this vehicle. Some of the time we were able to borrow a truck from public works. This was usually not possible because our busy times were the same as their busy times. Most of the time we just made more trips or used our personal vehicles to get the job done. In 1998 we started on several projects where we frequently needed a larger vehicle. To recondition the soil at the golf course due to construction errors is a long term $400,000 project that we can accomplish for far less with the right equipment. One of the processes of this project is to spread a sand/compost mix over the entire course as often as possible and use the vertidrain aerator to mix this in the top 16 inches. We try to do this while the course is in operation and if need be close the course for a day or two. We need a tractor to load, a tractor for the vertidrain, and a heavy duty pick-up to pull sand spreader. Last year we tried to use the Ranger but either had to be going downhill on dry ground or if the load shifted the spreader full of sand would lift the back of the pick-up off the ground. As a result we used our personal vehicles with no reimbursement to complete this project. The Ranger is also inadequate for hauling fertilizer, towing rental equipment, or towing trailers to transport our equipment, whether it be for repair or for rental to another city or golf course. We also could use a larger truck for debris hauling, for hauling landscape materials, bridge repair materials, etc. This truck was approved by the council in 1998 but I held off on the purchase in case the new council had some input as to whether we should try to contract our specialty equipment out in order to offset the cost of it. This could make some difference as to buying a 3/4 ton or a 1/2ton pick-up and possibly some different options. RESOLUTION NO. 5327 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING THE GOLF COURSE MANAGER TO PURCHASE A TRUCK FOR THE BRIDGES GOLF COURSE WHEREAS,the Bridges Golf Course has a need for a 3/4 ton pick up truck in order to complete ongoing projects and for other general uses; and WHEREAS,the Golf Course Manager John D. Hammerschmidt and the golf course committee has recommended the purchase of such truck not to exceed $25,000; and WHEREAS,the Golf Course will use its vehicle replacement budget to purchase this vehicle; NOW THEREFORE,BE IT RESOLVED THAT the City Council of the City of Mounds View authorizes the Golf Course Manager John D. Hammerschmidt to purchase a 3/4 ton truck in accordance with the City of Mounds View purchasing policies. Adopted this—day of March, 1999 ATTEST Mayor Dan Coughlin (SEAL) Chuck Whiting, City Administrator Item No. 9A Staff Report No. Meeting Date: March 22, 1999 Type of Business: P.H. WK: Work Session;PH:Public Hearing; CA: Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Michael Ulrich, Director of Public Works Item Title/Subject: Public Hearing Considering the Wetland Mitigation Project at Woodcrest Park Date of Report: March 16, 1999 Prior City Council directed staff to proceed with the mitigation of the Community Center wetland to Woodcrest Park. This site was selected because of it's original makeup prior to being developed into a park. The site portrayed wetland characteristics, being variably wet and unsuitable for development. In it's earlier days, street sweepings were deposited on the site and eventually the soil became stable enough to support park and recreational activities. In recent years the hockey and pleasure rinks were eliminated from the park due to their deteriorating condition. It was extremely difficult to maintain usable ice at this site due to the unstable soils. A community garden area was established a few years ago. The shelter was scheduled for replacement this year. A significant amount of soil corrections would have been required to support a new facility. The playground structure that is on the site will be dismantled and reinstalled as conditions allow in various other City parks. This meeting is more of an informational meeting to consider citizens input. Plans have been produced for the project and staff will seek City Council authorization to advertise the project. Staff will have a construction cost estimate for Council at the meeting. A $20,000.00 deposit was issued to the Rice Creek Watershed District to insure a mitigation project would take place, prior to the parking lot construction at the Community Center. This amount was charged to the Community Center and can be utilized for the mitigation project. Any additional funding necessary may also be charged to the Community Center and funded by TIF, or charged to the Surface Water account. Either of these options would be viable funding combinations. Staff presented plans for the project at a recent worksession. Please bring the plans with you if you still have them. ichael Ulrich, Director of Public Works RECOMMENDATION: City Council authorize staff to advertise for bids for the wetland mitigation project at Woodcrest Park. 1.14;10. 1 i i inu VO:aa ra.. uZt 4 II) Ztau OtAti. ,594 MEMORANDUM 3535 VADNAIS CENTER DRIVE,200 SEH CENTER,ST.PAUL,MN 55110 851 490-2000 800 325-2055 651 490-2150 FAX TO: Mike Ulrich FROM: Rocky Keehn DATE: March 18, 1999 RE: Woodcrest Park Mitigation Site update SEH No. A-MOUND9901.00 Attached is the preliminary engineers estimate to construct the Mitigation Site at Woodcrest Park. This estimate is based on full site mitigation. The size and cost of the project will be reduced if the existing on site wetland area is increase by Ramsey SWCD (Tom Peterson). Several points to consider when reviewing this cost estimate: 1. There is extra wetland being constructed to be used for future projects or be transferred (sold) to another party for their wetland mitigation. 2. On-site removals are included. The City may wish to remove the play ground equipment, benches, building, and timbers prior to the excavation which will reduce the cost. 3. Concrete pipe was used. It may be possible to use CMP or HDPE pipe which will reduce the cost. 4. Excavation costs assumed that it will be hauled off-site. If a local deposal site is available the cost can be greatly reduced. 5. There is 15 percent contingency that may or may not be used depending on the final pond configuration. The final wetland boundary determination will need to be made this spring. I discussed this with Kelly Betendorf and she indicated that in about 2 weeks, if the weather holds, this issue can be resolved. I will contact Kate Drewry with RCWD and inform her that we would like to get this issue resolved as soon as possible. Once the final wetland boundary has been completed, we will finish the permit process and bid documents so the project can be advertised. The add for bid could be authorized at the second Council meeting in April and the award of the contract at the second Council meeting in May if all goes as scheduled. The construction time for the project should be about 2 weeks. If you have any other question please call be at 490-2026. RJK/rjk Attachment An Aliirmndre Action. Equal Opporn.niry Employer UJJ10'UN 111LI USS:D0 rA,i 001 4;111 ::170 ,S1 ki 411113 Woodcrest Mitigation Site Total Estimated Unit Estimated Item Unit Quantity Price Price Mobilization Lump Sum 1 $5,000.00 $5,000 Removals Lump Sum 1 $10,000.00 $10,000 Excavation cu yd 12,500 $6.00 $75,000 Class II for trail (6" deep, 8' wide) Tons 350 $15.00 $5,250 24" RCP L.F. 88 $35.00 $3,080 36" RCP L.F. 42 $75.00 $3,150 42" RCP L.F. 47 $95.00 $4,465 42" 7 1/2 degree bends Each 2 $1,000.00 $2,000 Ti" Apron and Trash Guard Each 6 $1,250.00 . $7,500 Salvage and Reinstall 36" Apron Each 2 $250.00 $500 Salva•e.and Reinstall 42" As ron Each 1 $300.00 $300 Skimmer Structure Lump Sum 1 $1,500.00 $1,500 Wetland Restoration acre 2.50 $3,000.00 $7,500 Non-wetland Restoration acre 0.60 $1,500.00 $900 Estimated Construction Cost $126,145 Contingencies (15%) $25,229 Total Construction $151,374 Engineering, Administation (15%) $22,706 Total Project Cost $174,100 Prepared by: RJK Reviewed by:MA 03/18/99 WOODEST.WK4 Gerald Gammell Patricia Gammell 5080 Longview Dr. Mounds View, MN 55112 612-784-6437 March 15, 1999 Mr. Michael Ulrich Public Works Director 2466 Bronson Drive Mounds View, MN 55112 Dear Mr. Ulrich and Members of the Council, We have been located at our address since 1960 so we were here when Woodcrest Park was a swamp. Our children had lots of fun roaming this area. Then came the park. It was never filled in like it should have been so it has always been a very wet area. It was a very good area for a hockey rink and skating in the winter. That is why the shelter was built. For many years it has not been used in the winter. The neighbors were told about the cities changing the playground equipment and we had several suggestions and were assured that a.barrier would be put up to keep small children out of the drainage diches. It is a wonder that no small child has drown in that deep drainage ditch. By this time it did not affect us because our children were grown. About 2 years ago someone got the idea to put gardens in the swamp. The city has spent much money hauling in dirt,putting in water, putting up sheds to keep gardening equipment ,putting up and taking down fences around this area. Most of this area grew weeds that seeded and spread into the neighborhood. Big piles of dirt where hauled into the north area which I believe is private property and it has set there for about 2 years. When the park in declared a wetland I can see that this will make these property owners very happy because their land can now be filled in and development done to this land. The same situation that happened at the Sunrise Church property some years ago. The church wasn't allowed to sell this property but a private company was able to build an apartment house next to this property. Woodcrest Park was chosen for a wetland areabecause it was the park that has had no deveopment or improvement since it was declared a park.. We hope that some consideration will be made to keep some playground equipment on this site so that the new residents of this area will have a place for their young children to play and that our grandchildren can enjoy. The cities plans always look good on paper so we're hoping this project will be different and that the citizens concernes will be heard and that the cities plans will be carried out. Sincerely, Item No. ifs Staff Report No. Meeting Date: March 22, 1999 Type of Business: PH&CB WK: Work Session;PH:Public Hearing; CA:Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Honorable Mayor & City Council From: James Ericson, Planning Associate Item Title/Subject: Public Hearing and Consideration of Resolution 5314, a Resolution Regarding a Conditional Use Permit to Operate an Outdoor Flower Mart and Garden Center at the Moundsview Square Shopping Center. Date of Report: March 17, 1999 Background: Peter Linder, representing Linder's Greenhouses, has applied for a conditional use permit (CUP) to allow the operation of an outdoor sales operation at Moundsview Square. Linder's was previously issued CUPs for the 1995, 1996, 1997 and 1998 growing seasons. No changes are proposed in the location, layout and operation from the previous years. In his letter of application, Mr. Linder requests that the City consider allowing the operation to hook up to a fire hydrant on the property in order to get water for the flora. This was done last year and years past with no associated problems. The charges for permitting such water usage include a $100 hydrant deposit, a$20 wrench deposit and a $20 adapter valve deposit. These deposits are refundable. The applicant's request to connect to the fire hydrant has been approved by the Department of Public works, subject to receiving the appropriate deposits. In addition, the applicant will be billed $1.45 per day for water service, which will more than exceed the actual cost of water utilized. The difference between the Linder's conditional use permit resolution approved by the Planning Commission and the ones approved in previous years is that this resolution contains provisions which will allow the applicant to return to the Moundsview Square shopping center in subsequent years without reapplying for a CUP, so long as certain provisions are met. Staff would administratively review the case on an annual basis to ensure all conditions are met. Discussion: Mr. Linder is expecting to operate the Flower Mart from April 15 to July 7, but would like the CUP to be effective from March 15 to July 15 each year to accommodate for seasonal fluctuations and assembly/disassembly. Linder's Flower Mart is a perennial Mounds View Linder's CUP Request Planning Case No. 548-99 March 22, 1999 Page 2 business, having been at the same location for the past five years. Staff is not aware of any problems associated with this operation and the applicant has provided a letter from the operators of Moundsview Square in which they give their permission for Linder's to do business in their parking lot. Previous Discussions: Last year when the City Council approved the conditional use permit to allow Linder's to operate its greenhouse at Moundview Square, the applicant had requested that the CUP be drafted so that it would not expire. The Council agreed, indicating a benefit to the City in terms of saved staff time and efforts, as well as to the applicant. The Council approved the single-year CUP while directing staff to review the various methods and options available to effectuate this type of arrangement in the future. Staff considered two options: either change the code to allow such uses as permitted within that zoning district or allow the CUP to remain in effect indefinitely. With assistance from the City Attorney, Staff presented a draft ordinance to the Planning Commission on February 3, 1999 to amend the Zoning Code. As originally drafted, the amendment would have permitted outdoor produce sales and outdoor lawn and garden sales as an accessory use within a B-3, B-4 or I-1 zoning district. After much discussion, this approach was deemed discriminatory to other types of outdoor sales operations. It was decided that the more appropriate alternative would be to draft the CUP resolution in such a way as to allow Linder's to operate under the control of a non-expiring CUP. Staff verified with the City Attorney that this can be done, and checked Minnesota Statutes regarding the duration of CUPs, which states in Section 462.3595, Subd. 3 that"A conditional use permit shall remain in effect as long as the conditions agreed upon are observed." General Conditional Use Permit Criteria: The City Code states in Section 1125.01, Subd. 3b that"in granting a conditional use permit, the City Council shall consider the advice and recommendation of the Planning and Zoning Commission and the effect of the proposed use on the Comprehensive Plan and upon the health, safety and general welfare of occupants of surrounding lands." In this section, the Code lists eight criteria that--where applicable--the Council shall consider in its decision. These criteria and responses are as follows: 1. The use will not create an excessive burden on existing parks, schools, streets and other public facilities and utilities which serve or are proposed to serve the area. 2. The use will be sufficiently compatible or separated by distance or screening from adjacent residentially zoned or used land so that existing homes will not be depreciated in value and there will be no deterrence to development of vacant land. 3. The structure and site shall have an appearance that will not have an adverse effect upon adjacent residential properties. 4. The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. Linder's CUP Request Planning Case No. 548-99 March 22, 1999 Page 3 5. The use is consistent with the purposes of the Zoning Code and the purposes of the zoning district in which the applicant intends to locate the proposed use. 6. The use is not in conflict with the Comprehensive Plan of the City. 7. The use will not cause traffic hazards or congestion. 8. Adequate utilities, access roads, drainage and necessary facilities have been or will be provided The flower mart will be located at the edge of the Moundsview Square parking lot, alongside the Highway 10 right of way. The closest residential neighbors at this point are the homes behind the shopping center and the Wildwood Manor senior apartments across Highway 10 to the south. The residences, separated from the flower mart by the shopping center and the highway, should bear no discernable impact from the use. The flower mart meets the needs of the residents of Mounds View in that there are no greenhouses within the City. The zoning for the shopping center is B-4 (Regional Business District)which allows outdoor sales as a conditional use. The area of Moundsview Square is identified as Highway Commercial within the City's Comprehensive Plan, a designation consistent with the shopping center and proposed flower mart. Traffic in the area should not increase as a result of this use as it will draw much of its customer base from Moundsview Square shoppers and commuters already traveling east and west on Highway 10 and along local streets. The greenhouse will not interfere with the internal circulation of the shopping center and the loss of the parking spaces will not create a shortage of parking stalls on the premises. It is the opinion of staff that this proposal satisfies all applicable criteria. Specific Conditional Use Permit Criteria: The City Code states in Section 1115.04, Subd. 2 that the following specific conditions shall be met for outdoor sales operations: 1. Outdoor service, sales and equipment rental connected with the principal use is limited to thirty percent (30%) of the gross floor area of the principal use. 2. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Subdivisions 1103.08(1) through (5) of this Title. 3. Saks area is grassed or surfaced to control dust. 4. The provisions of Section 1125.01(1)e of this Title are considered and satisfactorily met. The shopping center contains 102,035 square feet of building area. The applicant proposes to occupy 2,200 square feet in the parking lot, which is 2% of the building square footage on the site. The parking lot fronting Highway 10 does not abut any residential properties. The nearest residential property is Wildwood Manor, an apartment building for senior citizens, which would Linder's CUP Request Planning Case No. 548-99 March 22, 1999 Page 4 be well screened from the proposed use by a stand of trees and separated by the intervening Highway 10. The applicant is proposing to use an existing parking lot which is surfaced with asphalt. Section 1125.01(1)e lists possible adverse effects which are to be considered in all variance and conditional use permit requests. 1. Relationship to Municipal Comprehensive Plan. 2. The geographical area involved. 3. Whether such use will tend to or actually depreciate the area in which it is proposed 4. The character of the surrounding area. S. The demonstrated need for such use. The proposal is for a temporary greenhouse in the parking lot of an existing shopping center. This type of use is consistent with the comprehensive plan. The shopping center is surrounded by roadways and the area where the use is to be located is 1,000 feet from the nearest residential property. The short duration of the use will result in little, if any, effect upon the surrounding area. The sale of flowers and plants is a typical seasonal business in a community such as Mounds View and it serves a community need. The Planning Commission reviewed these items at their meeting on March 17, 1999 and found there to be no discernible impact to the community: Planning Commission Action: The Planing Commission, at their meeting on March 17, 1999, voted unanimously to approve Resolution 573-99, a resolution recommending to the City Council that this conditional use permit request be approved. Council Options: a. Direct staff to prepare a resolution approving this conditional use permit with stipulations as deemed necessary to allow an outdoor flower mart and garden center at Moundsview Square shopping center and bring it back to the Council for action on April 12, 1999. b. Direct staff to draft a resolution with findings of fact that denies the conditional use permit for an outdoor flower mart and garden center at Moundsview Square shopping center and bring it back to the Council for action on April 12, 1999. c. Approve Resolution 5314 allowing the conditional use in a form consistent with Planning Commission Resolution 573-99. CLvi.„1-<1 James Ericson, Planning Associate Linder's CUP Request Planning Case No. 548-99 March 22, 1999 Page 5 Attachments: 1. Planning Application 2. Zoning Map 3. Site Plan 4. Greenhouse Design 5. Interior Specifications 6. Letter from Applicant 7. Letter from Property Owner 8. Planning Commission Resolution 573-99 CITY OF MOUNDS VIEW 14- PLANNING APPLICATION (6V...-3(o' -44, APPLICANT: L ,Jc ci Ckri...ibrIa, 6.1C., Phone (05k_- 1',O-QS‘S ADDRESS: '11ZS \&1., iSl Y_ pv_. ,Pcx ),AKI l 11 Street Address, City, State, and Zip Code Interest in Property (check appropriate box): 0 Owner of Property . ❑ Contract for Deed Owner Lessee, Operator, Manager Agreement to Purchase ❑ Other (explain) Documentary evidence of applicant's Interest in the property may be required before final City action of this request. PROPERTY INVOLVED: Address/General Location � ,1 <' � 1, ._ t► L ' 1‘...% "I,I C • • :6 Legal Description or Property Identification Number Legal Owner: Name/Address PP c} M la:/_-) LINceLrr-/ ANL,. %-r'.PAtx.._ Present Use (check appropriate box): O UndevelopedNacant ❑ Single Family Dwelling • ❑ Duplex/Two Family Dwelling - ❑ Multi-Family (No. of Units ) D Business/Commercial Establishment O Industrial Establishment ❑ Other (explain) Property Classification: 0 Abstract 0 .Torrens REQUEST: GOL lj)►-U04-L O _PkiLt.nri---10 O9i9s "fz. A L.1 -aA cu iL M 2 - pry- MOut4ff V i 6 JOR to Wu._ 1)6 n)2._ I.. L. It' kik k'* • r.• IWIII A Iv 11 .ti. *Please note: Applicant -y be responsible for ad. lona! fees associated with the review • .is r • -1. _\ I HEREBY DECLARE THAT THE ABOVE STATEMENT ARE TRUE. '-A _ `::., • Signature pii9t tc< *******************************************e*************************************I****1****** Rezoning $200/acre,minimum$200,maximum$1,000 Park Fund Dedication Fee Variance R-1 to R-2•$75,all others$200 Date Paid Conditional Use Permit 11-1 to R-2-$75,all others$200 Receipt Number - Code Appeal $75 Develop./Site Plan Review $100/acre,minimum 100,maximum$500 Total Fees Paid Minor Subdivision $150 Date Paid Major Subdivision $250 plus $250 deposit Receipt Number Comp. Plan Amendment $200 • Wetland Alteration Permit ' $50 plus deposit determined by Staff Additional Fee Paid Wetland Buffer Permit $10 Date Paid Planning Sign $50 Receipt Number PUD $350 1 PUD Amendment $150 Date of final action APPROVED ❑ DENIED ❑ TABLED 0 Date Planning Case No. Admin.Account No. 1 - HILLVIEW ROAD co 00 0 7891 12 ZS 7880 7895 I N N 17890 7885 7864 7865 N :•::• �, N 886 -14 4 (7, N. 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" • '.' .• .. . • . . . . • .1.1 I 0 1 . • 5. ......./ • a 4, 147.1 eV CI . .4...4dy it tar 4 . % . .. \ 1.,, •• die" ‘ • , • t 4.ir,fr • ..4. ', . . . 4, . .1. • ..biali • .t .7.71. _.,,. .,. ,,,,f,. 0 .. •• t:kir . , 1 / d•-• . • • , • I saaaw • . If. , . • __ _______ • * .4p tY t,11,1 0 I - • 1 fo;i--1'. > 2 0 id “) /10 ' - 112 w . _ 2 4 17 -iy•--- .....,,, 4 x LI IA II 1- it c.:1,,6 ..->: Et' 1-0 u.1 --0 J 0 00 4 (fi 71 -------- -__J EL: I-------------- (ni [15 II 1 0 II Z --) -1- n U-• -.9 __ -0 Lii co i_ • 0 V CORPORATE OFFICES 275 W. Wheelock Pkwy. A St. Paul, MN 55117 (612) 488-6717 Fax: 488-5726 if GREENHOUSES, GARDEN CENTER& FLOWER MARTS James Ericson February 8, 1999 Planning Associate City of Mounds View 2401 NE Hwy. 10 Moundsview, MN 55112 Dear Mr.Ericson, Attached to this letter is my application for a Conditional Use permit for our Flower Mart at the Mounds View Square Shopping Center. I would like to state that the Flower Mart at this location has been very successful and we hear many customers comment that they are happy to have us here. As far as I know there have never been any problems with our being here and we feel we are good neighbors for the shopping center and the community. We are eager to return for our sixth successful year in Mounds View. . You will note that nothing has changed from last year and we will operate in 1999 the same as in 1998. Our electricity comes from the pylon in the lot near the Flower Mart.The water for our use comes from the hydrant to the south of the Flower Mart. This is also the same as in years past. It has worked out very well for us and your public works department. Our 1999 business season is planned for April 15 thru July 7. We need the same allowances for assembly and take down as in years past. I have enclosed a check for$250.00(the same as in the past years) as the fee for this permit. I hope this information satisfies all your needs. If you have any questions please call me at 612-363-4414. As we spoke today, I am eager to see any change made that will make the permit process less cumbersome for the e City of Mounds View as well as Linder's.Thank you for your attention to this matter. / ncerely, P er A. der- ice President Linder's Greenhouses, Inc. Piateake, 74e Seeid 7 itS .4/ eAthit 67/kixiitiaeo" DEVELOPMENT AND MANAGEMENT OF SHOPPING CENTERS 2227 University Ave. •St.Paul,MN 55114-1677•612-646-7901 •Fax 612-646-1389 www.pasterenterprises.com December 16, 1998 CENTRAL PLAZA 45th&Central Ave.N.E. Mayor Duane McCarty Minneapolis,Minnesota Mounds View City Council City of Mounds View CRYSTAL SHOPPING CENTER 2401 West Hwy 10 Bass Lake Road&West Broadway Mounds View, MN 55112 Crystal,Minnesota Re: Special Use Permit CRYSTAL TOWN CENTER Bass Lake Rd.&W.Broadway Crystal,Minnesota Dear Mayor McCarty and Council Members: Linder's Greenhouse has requested permission to set up a DODDWAY SHOPPING CENTER Square temporary structure in the Moundsview Shopping Center Smith&Dodd Roadpp' g West St.Paul,Minnesota parking lot from approximately the middle of April through late June to sell plants, shrubs, flowers, etc. LEXINGTON PLAZA SHOPPES In our dealings with this organization in years past, we have found Lexington&Larpenteur them to be reliable, clean, and their reputation for quality products Roseville,Minnesota has exceeded our expectations. We would be happy to welcome the Linder's Greenhouse back to Mounds View. MENDOTAPLAZA It is important that we work together on matters such as this to State Hwy. 110&Dodd Road maintain and improve the selection and quality of merchandise Mendota Heights,Minnesota offered to the community, which in turn will enhance all of our operations. MOUNDSVIEW SQUARE Thank you for your consideration to grant Linder's Greenhouse the Hwy. 10&Long Lake Road Mounds View,Minnesota above mentioned special permit to do business at the Moundsview Square Shopping Center. NORTHWAY SHOPPING CENTER Sincerely, State Hwy.23&Woodland MOUNDSVIEW SQUARE ASSOCIATES, LLP Circle Pines,Minnesota i/. P. 6,t,rz SIBLEY PLAZA West 7th Street&Davern St.Paul,Minnesota W.R. Benet Agent WRB/jla SOUTHVIEW SHOPPING CENTER Southview Blvd& 113th Ave. S South St.Paul,Minnesota Member of 4 international Council of Shopping Centers PLANNING COMMISSION RESOLUTION NO. 573-99 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION RECOMMENDING TO THE CITY COUNCIL APPROVAL OF THE CONDITIONAL USE PERMIT REQUEST BY LINDER'S GREENHOUSES, MOUNDSVIEW SQUARE; PLANNING CASE NO. 548-99 WHEREAS, Peter Linder, representing Linder's Greenhouses, has applied for a conditional use permit to conduct open and outdoor sales at Moundsview Square Shopping Center; property zoned B-4, legally described as follows: That Part Lying Northeasterly of the Centerline of State Trunk Highway 10 of NE 1h of NE'/ (Subject to Roads and Highways) in Section 7, Township 30, Range 23 WHEREAS, the Mounds View Zoning Code allows open and outdoor sales in the B-4 Regional Business District with the approval of a conditional use permit; and WHEREAS, the Planning Commission has reviewed the following documents regarding this proposal: a) Planning Application b) Zoning Map c) Site Plan d) Greenhouse Design e) Interior Specifications 0 Letter from Applicant g) Letter from Property Owner WHEREAS, The Mounds View Planning Commission makes the following findings that the criteria for approval in Section 1115.04, Subd. 2 have been met: a. Outdoor service, sales and equipment rental connected with the principal use is limited to thirty percent (30%) of the gross floor area of the principal use. The shopping center contains 102,035 square feet of building area. The applicant proposes to occupy 2,200 square feet in the parking lot, which is 2.2% of the building square footage on the site. This criterion has been met. b. Outside sales areas are fenced or screened from view of neighboring residential uses or an abutting residential district in compliance with Subdivisions 1103.08(1) through (5) of this Title. The parking lot fronting Highway 10 does not abut any residential properties. The nearest Planning Commission Resolution 573-99 Page 2 residential property is Wildwood Manor, an apartment building for senior citizens, which would be well screened from the proposed use by a stand of trees and separated by the intervening Highway 10. This criterion has been met. c. Sales area is grassed or surfaced to control dust. The applicant is proposing to use an existing parking lot which is surfaced with asphalt. This criterion is met. d. The provisions of Section 1125.01(1)e of this Title are considered and satisfactorily met. Adverse Effects: The Planning and Zoning Commission shall consider possible adverse effects of the proposed amendment or conditional use. Its judgement shall be based upon (but not limited to)the following factors: (1) Relationship to Municipal Comprehensive Plan. (2) The geographical area involved. (3) Whether such use will tend to or actually depreciate the area in which it is proposed. (4) The character of the surrounding area. (5) The demonstrated need for such use. The proposal is for a temporary greenhouse in the parking lot of an existing shopping center. The shopping center is surrounded by roadways and the area where the use is to be located is 1,000 feet from the nearest residential property. The short duration of the use will result in little, if any, effect upon the surrounding area. The sale of flowers and plants is a typical seasonal business in a community such as Mounds View and it serves a community need. This criterion is met. NOW, THEREFORE, BE IT RESOLVED that the Mounds View Planning Commission recommends approval of the conditional use permit with the following stipulations: 1. The facility shall only operate from March 15 to July 15 of each year. 2. The hours of operation of the facility shall not exceed 8:00 a.m. to 9:00 p.m. 3. Only the signage shown on the Greenhouse Design Plan shall be allowed. 4. All lighting for the use shall be supplied by existing parking lot lighting and supplemental interior lighting, if needed. 5. The applicant shall deposit funds with the City each year for the use of the fire hydrant in the parking lot and for the use of a hydrant wrench and adapter valve, if needed, in amounts to be decided by the Director of Public Works. Planning Commission Resolution 573-99 Page 3 6. The applicant will be charged the prevailing rate for 1,000 gallons of water per day for water service, to be paid by the applicant before any deposits are returned. 7. The applicant shall provide the following on an annual basis to the Director of Community Development: a. Letter of permission from property owner. b. Complete set of site plans c. Narrative description of the proposal. 8. This Conditional Use Permit may be reviewed by the Planning Commission and City Council if any problems develop or if there are any changes to the operation deemed substantial enough to warrant such review, in the estimation of the Director of Community Development or the City Council. BE IT FURTHER RESOLVED that this Conditional Use Permit shall have no expiration date and shall remain in force so long as the conditions agreed upon herein are observed. BE IT FINALLY RESOLVED that the Planning Commission directs staff to forward this resolution to the City Council prior to approval of the minutes. Adopted this 17th day of March, 1999. Jerry Peterson, Chairperson Attest: Rick Jopke, Community Development Director (Seal) N:\DATA\GROUPS\COMDE V\DE VCAS ES\548-99\573-99 PC.RES Item No. 1 C Staff Report No. Meeting Date: March 22, 1999 Type of Business: C. B. WK: Work Session;PH:Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Honorable Mayor and City Council From: Michael Ulrich, Director of Public Works Item Title/Subject: Consideration of Edgewood Drive Realignment and T.H. 10 Signal Project Bids Date of Report: March 16, 1999 Bid opening for the Edgewood Drive and T.H. 10 Signal project is set for March 18, 1999. Staff will review the bids and offer a recommendation for award at the meeting on Monday, March 22, 1999. Michael Ulrich, Director of Public Works Item No. 9b Staff Report No. Meeting Date: March 22, 1999 Type of Business: Council Business WK: Work Session;PH:Public Hearing; CA: Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Mayor and City Council From: Kevin Carroll,Economic Development Coordinator Item Title/Subject: Authorization to Submit Application for DTED Redevelopment Grant Date of Report: March 17, 1999 Summary: Last year the Minnesota legislature established and funded a Redevelopment Grant Program to assist with complex and costly redevelopment projects that might not occur without public financial assistance. As you have learned, all indications are that redeveloping the Mermaid site by acquiring nearby parcels to add a hotel and a banquet facility would be both complex and costly. The Developers have consistently indicated that public financial assistance will be required to make the project feasible. City staff is seeking authorization to pursue state grant funds that could be used to help finance a portion of the projected redevelopment costs. Background: On September 28, 1998, the Mounds View City Council passed a Resolution(#5271) authorizing City staff to seek financial assistance for the Mermaid project by submitting an application for funding in the first"cycle" of the Redevelopment Grant Program referred to above. In November of last year, DTED awarded a total of $2 million for six redevelopment projects in the metro area and in Greater Minnesota. The amounts of the grants ranged from$80,000 to $689,000. Our grant application received a score of 62, and was ranked 10th. The 6th-ranked application(the last to receive funding) received a score of 67. The second "cycle"of the Redevelopment Grant Program is about to begin. Another$2 million will be awarded in late April or early May of this year. The application deadline for the second cycle is April 1, 1999. As was the case with the first cycle,the application guidelines require that every application be accompanied by a copy of a resolution authorizing application for the grant(in a format specified by DTED). The attached Resolution has been prepared in accordance with those specifications, and is virtually identical to the Resolution passed by the Mounds View City Council in connection with our initial grant application. A substantial amount of work was required in connection with the first application, but this time around the work would consist of merely updating some of the text and collating new copies of some of the Exhibits that accompanied the original application. Sufficient time remains to complete that work before the application deadline. The final product would be very similar to the original application, so if you'd like to examine a copy of that document,please let me know. I should emphasize that neither adopting the proposed Resolution nor submitting the grant application to DTED automatically obligates the City to do anything in connection with the proposed project, even if DTED awards grant funds to the City. Only a signed Development Agreement can create"final", enforceable legal obligations between the City and the Developer, and if no such Agreement is ever finalized, the City would not be obligated to accept grant funds even if they were awarded to the City by DTED. The original and current grant application indicated that the funds (if awarded)would be used to acquire property within the project area and construct a new stormwater detention pond thereon. A small holding pond is currently located to the west of the Mermaid site, but it cannot handle the existing stormwater runoff, most of which is therefore running (untreated) into Rice Creek. The Rice Creek Watershed District will ultimately require that the City do something to remedy this situation, so it would make sense to take those remedial steps in connection with a local redevelopment project, especially if grant funds could be used to pay for costs that would otherwise be borne by the City and/or the Developer. Alternative Actions: 1. Adopt attached Resolution authorizing Kevin Carroll, Economic Development Coordinator,to submit an application for a DTED Redevelopment Grant by the applicable deadline of April 1, 1999. 2. Direct staff to not apply for the DTED Redevelopment Grant. Kevin P. Carroll, Economic Development Coordinator N:\DATA\GROUPS\COMDEV\CITYCOUN\CC-REP\MER-DTED.REP RESOLUTION NO. 5323 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING APPLICATION FOR REDEVELOPMENT GRANT BE IT RESOLVED that the Mounds View City Council act as the legal sponsor for the project(s) contained in the Redevelopment Grant Program application to be submitted on or by April 1, 1999 and that Kevin Carroll, Mounds View Economic Development Coordinator, is hereby authorized to apply to the Department of Trade and Economic Development for funding of the project(s) on behalf of the Mounds View City Council and/or the Mounds View Economic Development Authority. BE IT FURTHER RESOLVED that the Mounds View City Council has the legal authority to apply for financial assistance, and the institutional,managerial, and financial capability to ensure adequate project administration. BE IT FURTHER RESOLVED that the sources and amounts of the local match identified in the application are committed to the project identified. BE IT FURTHER RESOLVED that the Mounds View City Council has not violated any Federal, State or local laws pertaining to fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful or corrupt practice. BE IT FURTHER RESOLVED that upon approval of its application by the state,the Mounds View City Council may enter into an agreement with the State of Minnesota for the above referenced project(s), and that the Mounds View City Council certifies that it will comply with all applicable laws and regulations as stated in all contract agreements. NOW, THEREFORE,BE IT RESOLVED that Kevin Carroll, Mounds View Economic Development Coordinator, is hereby authorized to execute such agreements as are necessary to implement the project(s) on behalf of the applicant. Adopted this 22nd day of March, 1999. Daniel Coughlin, Mayor I CERTIFY THAT the above Resolution was adopted by the City Council of Mounds View on March 22, 1999. Charles S. Whiting, City Clerk/Administrator N:\DATA\GROUPS\COMDEV\CITYCOUN\CCRESORD\32299MER.RES - .... . 11V.11 October, 1998 r `9 Redevelopment Grant Program � Applicant Score Grant Amount MCDA-SEMI - � 86 $689,000 Duluth Technology Village 86 $460,000 St. Paul HRA-Phalen Townhomes 76 $221,000 Racine-Comm. Utility Co. 68 $80,000 Detroit Lakes -Evans Prof.-Old SwiftIEkrich Site 68 $450,000 South St. Paul HRA -Golden Steer 67 $100,000 Red Wing Port Authority-Main St. Parking Ramp 66 Chaska- Brickyard Redevelopment 63 MCDA-Chicago-Lake 63 Mounds View- Mermaid Hotel 62 Sauk Rapids-Industrial Park South 61 Springfield-Opera House 60 MCDA-Penn-Lowry 58 St. Louis Park EDA-Hwy 7/Louisiana Ave 56 Monticello, Monticello Community Center 5S Dakota County HRA-Downtown Lakeville 53 Warren- Downtown Redevelopment District 53 Canby-Farmers Grain Expansion 52 Maynard-Heile/Moen Bldgs. 51 Dakota County HRA-Robert Street 49 Robbinsdale-Terrace Mall 46 Spring Valley-North Park Subdivision 46 Breckenridge Port Authority-Champion Auto Redevelop. 41 Breckenridge-Industrial Mall 37 Montivideo-South First Street 26 Cook County-Woodland Foothills 23 U:IUSERS DCCACONCI.,EAMRedevelopmentAwar+dsQulckReferwpd Total $2,000,000 Item No. Type of Business: CB WK: Work Session;PH: Public Hearing; CA: Consent Agenda; CB: Council Business City of Mounds View Staff Report To: Mayor and City Council From: Cari Schmidt Item Title/Subject: Resolution 5324 Authorizing the City to enter into a new lease agreement with Children's Home Society Date of Report: March 18, 1999 Attached is the final copy of the Children's Home Society agreement for your approval. The draft copy was approved by the Council in Resolution 5295. There have, however, been a few modifications to the original agreement. They are as follows: —► CHS pays their 1999 base rent of $30,000 in quarterly installments; In the years to follow, Children's Home will pay their base salary with an additional % based on the number of children attending Children's Home. —► CHS will account for the rent they would have paid each month (based on the number of children in the facility for each month of 1999) and either pay that amount after 1999 under terms to be agreed upon, or break the lease; and —► CHS will install their playground equipment and leave it with the facility if they break the lease in 1999; and —► CHS will pay the rent that was forgiven in 1999 if they default on the lease at any time within the five year period; and - CHS will provide accounting information that demonstrates the fiscal problems they are currently experiencing. Attached is the agreement which reflects the aforementioned provisions, and Resolution 5324 for your approval. Cari Schmidt Assistant to the City Administrator RESOLUTION NO. 5324 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A NEW LEASE AGREEMENT WITH THE CHILDREN'S HOME SOCIETY WHEREAS,the City of Mounds View and the Children's Home Society have agreed to enter into a new lease agreement for the space at the Community Center; and WHEREAS, it is in the best interest of the City of Mounds View to enter into this new lease agreement, and WHEREAS, the mutually agreeable terms have been laid out in the attached contract; NOW THEREFORE, BE IT RESOLVED THAT the attached draft contract is hereby approved as to its contents and accurately reflects the terms by the City of Mounds View and the Children's Home Society. Adopted this day of March, 1999 ATTEST Mayor Dan Coughlin (SEAL) Chuck Whiting, City Administrator LEASE AGREEMENT THIS INDENTURE made and entered into as of this day of , 1999, by and between the City of Mounds View, MN whose address is 2401 Highway 10, Mounds View, MN 55112 (hereinafter referred to as "Landlord") and Children's Home Society of Minnesota, a Minnesota non-profit corporation, whose address is 1605 Eustis Street, St. Paul, MN 55108 (hereinafter referred to as "Tenant"). WITNESSETH ARTICLE I - GRANT, TERM,AND RENEWALS 1.1 DEMISED PREMISES. In consideration of the rents, covenants and agreements herein reserved and contained on the part of Tenant to be performed, the Landlord does hereby lease to Tenant that portion of the building formerly known as the Bel Rae Ballroom located at 5394 Edgewood Drive, Mounds View, Minnesota 55112 (the "Building") consisting of that portion of the Building described on Exhibit A attached hereto (hereinafter referred to as the "Demised Premises"). Without limiting the foregoing, the Demised Premises consist of(a) classrooms, (b) an office, and(c)the tot lot, all as shown on Exhibit A attached hereto. In addition, Tenant shall have certain rights regarding Shared Space consisting of the kitchen, as more fully described in Section 7.1 hereof. The layout set forth in Exhibit A shall not be altered or changed except upon the written agreement of Landlord and Tenant. 1.2 TERM. The term of this Lease and Tenant's obligation to pay rent hereunder shall commence on January 15, 1999 and shall continue until and the term of the Lease shall expire on the fifth(5th) anniversary of the Commencement Date. Not withstanding any contrary provision contained herein, upon at least one (1) years prior written notice from Landlord to Tenant, Landlord shall have the right to terminate this Lease and upon expiration of such notice period, the term of this Lease shall automatically terminate. ARTICLE II-RENT 2.1 RENT. During 1999, Tenant agrees to pay as base rent (the "Base rent") to Landlord at 2401 Highway 10, Mounds View, MN 55112, or at such other place as the Landlord may from time to time designate in writing, Thirty Thousand and no/100 dollars ($30,000)per year payable in quarterly installments on January 1, April 1, July 1, and October 1. Tenant will provide an accounting of the number of children in the facility for each month of 1999. After 1999, Tenant agrees to pay as base rent, Thirty Thousand and no/100 Dollars ($30,000),per each year payable in advance in twelve equal monthly installments of Two Thousand Five Hundred and no/100 Dollars ($2,500.00) on or before the first day of each month Page 1 3/22/99 CHS Lease agreement during the term hereof for the Demised Premises and One Thousand and no/100 Dollars ($1,000.00)per year payable in monthly installments of$83.33 for the Shared Space;provided that with respect to any partial month, Base Rent shall be adjusted accordingly. In addition to Base Rent, Tenant shall pay as Percentage Rent on or before ten(10) days after the end of each month during the term hereof an amount calculated by multiplying (I)the total gross revenues received by the Tenant for all Children's monthly, weekly, daily and hourly tuition for the Demised Premises,times (ii)two and one-half percent(2.5%); provided,however, that in all events the amount of such Percentage Rent to be paid shall be increased to at least three percent (3%) greater than the Percentage Rent payable in the previous year. Such payment shall in no event be construed as nor constitute a joint venture or partnership between Tenant and Landlord. At such times as Tenant shall pay such Percentage Rent, Tenant shall provide to Landlord the calculations for its occupancy and gross tuition used in calculating such payment. Landlord shall have the right to inspect and audit the books and records of Tenant to confirm such calculations. 2.2 RENT DELINQUENCIES. Should the Tenant, for any reason whatsoever, fail to pay, when the same is due and payable, any "Base Rent" and should said rent not paid within ten(10) days of the due date, Tenant shall pay a late penalty equal to five percent(5%) of total rents due. In addition, thirty (30) days after the due date, all unpaid rents shall commence to bear interest from said date to the date of payment at the rate of two percent(2%) per annum in excess of the prime rate as quoted by U.S. Bank,N.A. to its best customers, or the highest rate permitted by law, whichever is less. Nothing contained herein shall constitute a grace period permitting the late payment of rent of an obligation of Landlord to forbear its other remedies hereunder. 2.3 UTILITIES. A monthly payment of$600 due on or before the first day of each month shall also be required for payment of electricity and gas utility fees. Should there be a drastic adjustment in electricity or gas prices due to inflation, act of God, emergency,the Landlord and Tenant may renegotiate a utility fee acceptable to both parties. 2.4 ACCOUNTING. Tenant will provide monthly accounting information detailing their financial situation to date. 2.5 DEFAULT REPAYMENT REQUIREMENT. In the event that Tenant is unable to fulfill the remainder of this Lease any time during the term of the Lease, Tenant is liable for the amount calculated in Section 2.1 for tuition for 1999. In the event that Tenant is unable to fulfill the remainder of this Lease during 1999, Tenant shall remain obligated to pay the base rent set forth in Section 2.1. ARTICLE III - USE OF PREMISES 3.1 TENANT'S USE. During the term of this Lease, the Demised Premises shall be used solely for the purpose of childcare and general office purposes. Tenant shall have the right to remain open for business in the Demised Premises during hours even if no other tenants are open during those hours. Tenant shall have the right to secure its exclusive access to the Demised Page 2 3/22/99--CHS Lease agreement Premises and to provide access by its customers to the Demised Premises even if other tenants are not open for business during those hours. Landlord shall meet and confer with Tenant regarding other uses of the Building which might be inconsistent with Tenant's use of the Demised Premises. Subject to compliance with the City of Mounds View's zoning code and subject to approval of Landlord as to the size, style, and location, Tenant may, at its sole expense install signage for the Demised Premises on and around the Building. 3.2 COMPLIANCE WITH LAWS AND REGULATIONS (a) Tenant covenants and agrees that at all times during the term hereof it will maintain and conduct its business insofar as the same relates to the occupancy of the Demised Premises in such a manner and under such regulations that are in strict compliance with any and all applicable government and/or quasi-governmental laws, rules regulations and orders, as well as any and all applicable provisions of insurance underwriters at the Demised Premises and the Declaration. Tenant shall indemnify Landlord, Landlord's insurer, and the property of Landlord against any and all claims or losses or actions or causes of action resulting from Tenant's failure to comply with said laws, rules, regulations and orders and underwriting provisions. (b) Tenant hereby agrees to maintain the premises and operate its business so as to not erect any barriers to disabled persons in violation of the ADA (the Americans With Disabilities Act(ADA), codified at 42 U.S. SS 12101 et seq.) Failure to do so shall operate as an event of default and a breach of the Lease. 3.3 AFFIRMATIVE COVENANTS OF Tenant. Without in any way limiting or restricting other covenants of Tenant elsewhere in this Lease contained, the Tenant affirmatively covenants and agrees as follows: (a) Subject to prior written notice and a reasonable opportunity to cure, Tenant shall neither permit nor suffer any conduct, noise, odor or other nuisance in, on or about said Demised Premises to annoy or disturb any persons occupying adjacent premises or common areas, (b) Tenant shall keep the Demised Premises, including all service and or loading areas for the Demised Premises, if any, free from all litter, dirt and obstructions; (c) Tenant shall arrange for and accept deliveries only at such times, in the areas, and through the entrances designated for such purpose by Landlord; (d) Tenant shall keep said demised premises clean and in the sanitary condition required by ordinance and regulations of any governmental or quasi governmental unit having jurisdiction; (e) Tenant shall neither permit nor suffer the Demised Premises, or the walls, ceilings or floors thereof to be endangered by overloading; Page 3 3/22/99--CHS Lease agreement (f) Tenant shall properly maintain any HVAC system located within in the Demised Premises; (g) Tenant shall not use nor permit the Demised Premises to be used for any purpose other than set forth in Section 3.1 hereof; (h) Tenant shall cooperate with Landlord to control their joint patrons so as to prevent drunken, unruly or obnoxious behavior. ARTICLE IV- MAINTENANCE AND REPAIRS 4.1 TENANT'S MAINTENANCE AND REPAIRS. Tenant agrees that, from and after the date that possession of the Demised Premises is delivered to the Tenant, and until the end of the term hereof it will be responsible for all repairs, maintenance and replacements to the Demised Premises, including but not limited to: The interior and exterior portions of all doors, windows, plate glass, locks, frames, hardware and showcases surrounding and incorporated into the Demised Premises; the mechanical,plumbing, heating, air conditioning and/or cooling, ventilating and electrical equipment and systems; partitions, and all other fixtures, appliances and facilities furnished by Landlord or Tenant(but only to the extent the foregoing are located within the Demised Premises). Tenant shall not, however, be responsible for repair of any damage caused by negligence of Landlord, its employees or agents. Landlord shall keep the foundations, exterior walls (except plate glass) and the roof in good repair, except that Landlord shall not be required to make any repairs or modifications by reason of the negligence of Tenant, its agents, employees, or invitees. Tenant shall be required to pay for any structural repairs or alterations which may be required by governmental rules, orders or regulations as a result of Tenant's use and or occupancy of the Demised Premises. During reasonable business hours, Landlord may inspect the Demised Premises to insure Tenant's compliance with the above and foregoing requirements. Tenant accepts the Demised Premises as being in good and sanitary order, condition and repair. Landlord shall maintain and repair all mechanical, plumbing, HVAC, and electrical systems, appliances, and fixtures located outside of the Demised Premises. 4.2 SURRENDER OF PREMISES. At the expiration or termination of this Lease, Tenant shall surrender the Demised Premises in the same condition as existed on the commencement date of this Lease, ordinary wear and tear excepted. All fixtures which have become attached shall be part of the Demised Premises, except trade fixtures. Further, within ninety(90) days prior to the expiration of the term, Landlord shall during reasonable business hours, have the right to show the Demised Premises to third parties for the purposes of again leasing same. 4.3 CLEANING AND JANITORIAL. Unless otherwise agreed in writing by Landlord and Tenant, Tenant, at its sole expense, shall provide cleaning and janitorial services for the Demised Premises and shall maintain the Demised Premises in a neat and orderly Page 4 3/22/99--CHS Lease agreement condition. ARTICLE V-LANDLORD IMPROVEMENTS 5.1 LANDLORD IMPROVEMENTS. Landlord shall not have any obligations to improve the Demised Premises beyond the condition existing at the time of the original lease between the parties. Tenant shall be responsible for all costs of providing telephone service to the Demised Premises and any other improvements otherwise required by this Lease. All work by Tenant shall be done in accordance with the provisions of Article VIII hereof. Nothing contained in this Lease shall prohibit Tenant from using the services of such architect as Tenant shall, in its sole discretion, select. ARTICLE VI - SHARED SPACE 6.1 SHARED SPACE. In addition to the Demised Premises, Tenant shall have non- exclusive use in common with the Landlord and other Tenants of the Shared Space consisting of the kitchen. When used by Tenant, the Shared Space shall be maintained in a neat and orderly condition. Use of the Shared Space shall be available to Tenant subject to prior scheduling arranged by Landlord. Tenant shall indemnify, defend and hold Landlord harmless for any claims, damages, injuries, or causes of action arising out of or relating to the use of the Shared Space by Tenant, its employees, agents, customers, or invitees. Landlord and Tenant shall meet and confer to provide Landlord with access to services provided by Tenant on such terms and conditions as the parties shall mutually agree to. In addition to the foregoing, provided that the dance floor located in the Building has not been reserved by Landlord or a third party at least 48 hours prior to the desired time and provided that Tenant has obtained prior approval from Landlord(which approval shall not be unreasonably withheld), Tenant shall have use of the dance floor for occasional use as a reception area in connection with its business in the Demised Premises. ARTICLE VII -UTILITIES 7.1 CHARGES. Tenant shall pay for all utilities separately metered to the Demised Premises, including, without limitation,telephone service. 7.2 SUPPLY OF UTILITY SERVICES. Landlord shall not be liable in any way to Tenant for failure or defect in the supply or character of electricity, water, sewer, or gas furnished by reason of any change, requirement, act, neglect or omission of the public utility serving the Demised Premises or for any reason not attributed to Landlord. 7.3 INTERRUPTION OR DISCONTINUANCE OF LANDLORD'S SERVICE. Tenant agrees that Landlord shall not be liable for failure to supply any service when Landlord uses reasonable diligence to supply the same, it being understood that Landlord reserved the right to temporarily discontinue such services, or any of them, at such times as may be necessary by Page 5 3/22/99--CHS Lease agreement reason of accident, unavailability of employees, failure of supply, acts of God or any other happening beyond the reasonable control of Landlord. When Landlord causes services to be rendered by independent third parties, Landlord shall have no liability for the performance thereof or liability therefor. 7.4 GARBAGE AND REFUSE COLLECTION. All garbage and refuse shall be kept in covered containers and shall be place outside of the Demised Premises prepared for processing and/or collection. ARTICLE VIII-ALTERATIONS 8.1 ALTERATIONS. Tenant may, from time to time during the term, make at its own cost and expense, any alterations or changes in the interior of the Demised Premises in good and workmanlike manner in compliance with all applicable requirements of law,provided Tenant follows the notice procedure and obtains Landlord's consent where required, all in accordance with this Article. Landlord agrees to cooperate with Tenant for the purpose of securing necessary permits for any changes, alterations, or additions permitted under this section without expense to the Landlord. Upon completion of such alteration, Tenant shall present to Landlord a copy of the endorsement to Tenant's fire and extended coverage insurance policy which endorsement shall incorporate said alterations into the policy. All costs of any such work shall be paid promptly by Tenant so as to prevent the assertion of any claims for labor or materials. Tenant agrees to advise Landlord in writing of the date upon which such alterations will commence in order to permit Landlord to post notice of non-responsibility. 8.2 NOTICE TO LANDLORD. Prior to the initiation of any alterations, Tenant shall give Landlord written notice thereof and specify the work to be performed in reasonable detail and include the names of the contractors and materialmen to be utilized. After receipt of said notice, Landlord shall have a reasonable period of time during which it shall make a determination, in its sole discretion, as to whether or not the proposed work would create a structural or design change at the Demised Premises. Tenant shall provide Landlord upon request with any further information reasonably necessary for such determination by Landlord and Tenant shall not commence work or accept materials prior to receiving written notice of Landlord's determination. If Landlord determines that the proposed work would create a structural or design change, then the same must be approved in writing by Landlord prior to the commencement of any work or the delivery of any materials therefor. ARTICLE IX-PUBLIC LIABILITY 9.1 TENANT'S LIABILITY INSURANCE. Tenant shall during the entire term hereof keep in full force and effect a policy of public liability and property damage insurance with respect to the Demised Premises, and the business operated by Tenant and any sublessee with respect to the Demised Premises, in which the limits of public liability shall not be less than Page 6 3/22/99--CHS Lease agreement $1,000,000 per person and$1,000,000 per accident and in which the property damage liability shall not be less than$500,000. The policy shall name Landlord as additional insured and shall contain clauses that losses shall be payable notwithstanding any act of negligence of the insured which might otherwise result in forfeiture of said insurance, and that the insurer will not cancel or change the insurance without first giving the Landlord (30) days prior written notice. The insurance shall be with an insurance company approved to do business in Minnesota and reasonably acceptable to Landlord. Tenant shall deliver a copy of the policy or a certificate of insurance to Landlord prior to taking possession of the Demised Premises, and a renewal certificate at least thirty(30) days prior to the expiration of any policy term. 9.2 INDEMNIFICATION. Except for claims arising out of the willful or negligent act of the other party or its representatives, each party shall indemnify and defend the other party against all claims, expenses and liabilities incurred, including reasonable attorneys' fees, in connection with loss of life, personal injury, and/or damage to property arising out of any occurrence in, upon or at the Demised Premises, or the occupancy or use thereof by said party, or occasioned wholly or in part by any act or omission of said party, its agents, employees, contractors, sublessee, concessionaires or licensees. ARTICLE X-DESTRUCTION AND RESTORATION 10.1 DAMAGED. If a significant portion of the Demised Premises shall be damaged or damaged by any uninsured casualty, Landlord shall have the option to rebuild or to terminate this lease by exercise of notice to Tenant given not more than 6 months from the date of such damage. 10.2 TENANT'S INSURANCE COVERAGE. Tenant shall carry insurance against fire and such other risks as are from time to time included in standard extended coverage insurance for the full insurable value of the Demised Premises. Tenant shall also carry said insurance for the full insurable value of Tenant's merchandise,trade fixtures, furnishings, wall covering, carpeting, drapes, equipment and all other items of personal property of Tenant located on or within the Demised premises. Any insurance policies required to be carried pursuant to this paragraph shall name Landlord as an additional insured, and Tenant shall furnish Landlord evidence of such insurance coverage. Such insurance policies may not be modified or terminated without thirty (30) days advance notice to Landlord. 10.3 INDEMNIFICATION. Each party hereto ("Releasing Party") hereby releases the other("Released Party") from any liability which the Released Party would, but for this paragraph, have had to the Releasing Party arising out of or in connection with any accident or occurrence or casualty: (a) Which is or would be covered by a fire and extended coverage policy (with vandalism and malicious mischief endorsement attached) or by a sprinkler leakage or water damage policy in the state in which the Demised Premises is located regardless of whether or not such coverage is being carried by the Releasing party, Page 7 3/22/99--CHS Lease agreement and (b) to the extent of recovery under any other casualty or property damage insurance being carried by the releasing Party at the time of such accident or occurrence or casualty, which accident or occurrence or casualty may have resulted in whole or in part from the act of neglect of the Released Party, its officers, agents or employees, provided, however, the release hereinabove set forth shall become inoperative and null and void if the Releasing Party contracts for the insurance required to be carried under the terms of this Lease with an insurance company which: (1) Takes the position that the existence of such release vitiates or would adversely affect any policy so insuring the Releasing Party in a substantial manner and notice thereof is given to the Released Party, or (2) Requires the payment of a higher premium by reason of the existence of such release, unless in the latter case the Released Party within ten(10) days after notice thereof from the Releasing Party pays such increase in premium. 10.4 PROTECTION FROM SUBROGATION. Anything in this Lease to the contrary notwithstanding, neither Landlord nor Tenant shall be liable to the other for any business interruption or any loss or damage to property or injury to or death of persons occurring on the Demised Premises or the adjoining properties, mall areas, sidewalks, streets or alleys, or in any manner growing out of or connected with Tenant's use and occupation of the Demised Premises, or the condition thereof or of mall areas, sidewalks, streets or alleys adjoining, caused by the negligence or other fault of Landlord, or Tenant or of their respective agents, employees, subtenants, licensees or assignees to the extent that such business interruption or loss or damage to property or injury to or death of person is covered by or indemnified by proceeds received from insurance carried by other party (regardless of whether such insurance is payable to or protects Landlord or Tenant or both) or for which such party is otherwise reimbursed; and Landlord and Tenant each hereby respectively waive all rights of recovery against the other, its agents, employees, subtenants, licensees and assignees, for any such loss or damage to property or injury to or death of persons to the extent the same is covered or indemnified by proceeds received from any such insurance, or for which reimbursement is otherwise received. Landlord's and Tenant's respective policies of insurance shall each contain a waiver of subrogation provision incorporating the above covenant and providing that the insurance shall not be invalidated by the insured's written waiver prior to a loss of any or all right of recovery against any party for any insured loss. It is expressly understood that Landlord shall not be liable to Tenant for any damages incurred by the latter as a result of the above and foregoing events; save and except as to any such damages caused by the willful or wanton conduct of Landlord, its agents or employees,provided such damages are not recoverable by Tenant pursuant to the Page 8 3/22/99--CHS Lease agreement insurance policies required to be provided by Tenant under this Lease or otherwise. 10.5 ADDITIONAL HAZARDS. Tenant covenants and agrees that it will not do or permit anything to be done in or upon the Demised Premises or bring in anything or keep anything therein which shall cause the cancellation of Landlord's insurance policies, or increase the rate of insurance, on the Building, above the standard rate on said premises and buildings. Tenant further agrees that in the event it shall do anything to so increase the insurance rate, Tenant shall promptly pay to Landlord on demand any such increase resulting therefrom, which shall be due and payable as "additional rent"hereunder. At Tenant's request, Landlord shall make available for Tenant's inspection during regular business hours, all documents pertaining to Landlord's calculation of Tenant's "additional rent"required under this section. Said"additional rent" shall be due and payable as billed by Landlord. Landlord covenants and agrees that it will not do or permit anything to be done in or upon the Building or bring in anything or keep anything therein which shall cause the cancellation of Tenant's insurance policies, or increase the rate of insurance, on the Demised Premises, above the standard rate on said premises. Landlord further agrees that in the event it shall do anything to so increase the insurance rate, Landlord shall promptly pay to Tenant on demand any such increase resulting therefrom. 10.6 NOTICE. Tenant shall give immediate written notice to Landlord and Landlord's Mortgagee of any damage caused to the demised Premises by fire or other casualty; or of any cancellation or reduction of Tenant's insurance coverage required pursuant to this Lease. ARTICLE XI-EMINENT DOMAIN 11.1 PARTIAL OR TOTAL CONDEMNATION. If the whole or any part of the Demised Premises or the structure encompassing same shall be taken by any public authority under the power of eminent domain,the Tenant shall have no claim to, nor shall Tenant be entitled to, any portion of any award, for damages or otherwise. In the event only a portion of the Demised Premises are taken, the Lease shall terminate as to the part taken, and the rent and other charges herein reserved shall be adjusted for the remainder of the Demised Premises so that the Tenant shall be required to pay for the balance of the term that portion of the rent reserved which the value of the part of Demised Premises remaining after condemnation bears to the value of the Demised Premises immediately prior to the date of condemnation. The rental and other charges shall be apportioned as aforesaid by agreement between the parties or by arbitration or legal proceedings, but pending such determination the Tenant shall pay at the time and in the manner above provided the rental herein reserved and all other charges herein required to be paid by the Tenant, without deduction, and upon such determination,the Tenant shall be entitled to credit for any excess rentals paid. If, however, by reason of the condemnation there is not sufficient space left in the Demised Premises for the Tenant to reasonably conduct business; then, in such event, the Lease shall terminated. Although all damages in the event of condemnation belong to Landlord whether awarded as compensation for diminution in value of Page 9 3/22/99--CHS Lease agreement the leasehold or the fee of the leased premises, nothing herein shall be construed to prevent Tenant to claim and recover from the condemning authority such compensation as may be separately awarded or recoverable by Tenant in Tenant's own right for its leasehold interest. ARTICLE XII -ASSIGNMENT AND SUBLETTING 12.1 CONSENT REQUIRED. Tenant may not assign this Lease and/or sublet the Demised Premises, or any part thereof without in each instance obtaining the prior written consent of the Landlord, which consent Landlord shall have the right to withhold in its sole discretion. A transfer of a controlling interest in Tenant shall constitute an assignment within the meaning of the preceding sentence. The consent by Landlord to any assignment or subletting may not constitute a waiver of the necessity for such consent to any subsequent assignment or subletting. This prohibition against assigning or subletting shall be construed to include a prohibition against any assignment or subletting by operation of law. If this Lease be assigned, or if the Demised Premises or any part thereof be underlet or occupied by anybody other than Tenant, Landlord may collect rent from the assignee, under-Tenant or occupant, and apply the net amount collected to the rent herein reserved, but no such assignment, underletting, occupancy or collection shall be deemed a waiver of this covenant, or the acceptance of the assignees, under-Tenant or occupancy as Tenant, or a release of Tenant from the further performance by Tenant of covenants on the part of Tenant herein contained. Notwithstanding any assignment of sublease, Tenant shall remain fully liable on this Lease and shall not be released from performing any of the terms, covenants, and conditions of this Lease. Tenant shall pay to landlord any reasonable costs and expenses (including legal fees) incurred by Landlord in connection with such assignment or subletting. ARTICLE XIII - TENANT'S DEFAULT 13.1 EVENTS OF DEFAULT. The following events shall be deemed to be events of default by Tenant under this Lease: (a) Tenant shall fail to pay when due any installment of rent, or other charges provided herein, or any portion thereof and the same shall remain unpaid for a period of ten(10) days after the same has become due; or (b) Tenant shall for reasons other than those specifically permitted in this Lease, cease to conduct its normal business operations in the Demised Premises or shall vacate or abandon the Demised Premises. Tenant will be deemed to have vacated, closed, or abandoned the Demised Premises if it fails to conduct its business on the Demised Premises during regular working hours for a period of more than ten(10) consecutive business days; or (c) Tenant shall do or permit to be done anything which creates a lien upon the Demised Premises; and does not cause said lien as to Landlord's interest in Page 10 3/22/99--CHS Lease agreement the property to be released within ten(10) days after written notice from Landlord; or (d) Any representation or warranty made in writing to Landlord in this Lease or in connection with the making of this Lease, by Tenant of any guarantor, shall prove at any time to have been incorrect in any material respect when made or becomes incorrect; or (e) Tenant or any guarantor shall make an assignment for the benefit of creditors, for a petition in bankruptcy, be adjudicated insolvent or bankrupt or admit in writing the inability to pay debts as they mature, petition or apply to any tribunal for the appointment of a receiver,trustee or similar officer for Tenant or any guarantor or a substantial part of the assets of Tenant or any guarantor, or shall commence any proceeding under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution or liquidation law or statute of any jurisdiction, whether now or hereafter in effect; or if there shall have been filed any such petition or application or any such proceeding shall have been commenced against Tenant or any guarantor, which remains undismissed for a period of thirty (30) days or more; or Tenant or any guarantor by any act or omission shall indicate their consent to, approval of or acquiescence in any such petition, application or proceeding or the Appointment of a receiver of or any trustee or similar officer for Tenant or any guarantor, or shall suffer any such receivership or trusteeship to continue undischarged for a period of thirty (30) days or more; or any judgment, writ, warrant or attachment or execution or similar process shall be issued or levied against a substantial part of the property of Tenant or any guarantor and such judgment, writ, or similar process shall not be released, vacated or fully bonded within thirty(30) days after its issue or levy; or (f) Tenant shall have failed to comply with any provisions of this Lease and shall not cure any failure within thirty (30) days, or such longer period of time as may be reasonably required to cure such default, after Landlord by written notice, has informed Tenant of such noncompliance. 13.2 LANDLORD'S REMEDIES. Upon the occurrence of any of the above lettered events of default, Landlord may elect to either(1)terminate this Lease; or (2)terminate the Tenant's right to possession only without terminating this Lease, hereinafter referred to as re-entry; (3) pursue any other remedy available at law or in equity. Landlord shall have all remedies provided in this Lease and under governing law. All of the remedies given to Landlord in this Lease or by law shall be cumulative, and the exercise of one right or remedy by Landlord shall not impair its right to exercise any other right or remedy. In the event of election under(2) above to terminate Tenant's right to possession only, Landlord may, at Landlord's option, proceed to demand possession by notice and proceeding Page 11 3/22/99--CHS Lease agreement under the Unlawful Detainer Law of Minnesota and take and hold possession thereof without such proceeding or entry into possession terminating this Lease or releasing Tenant in whole or in part from Tenant's obligation to pay the rent hereunder for the full term. Upon re-entry Landlord may remove all personal property from the Demised Premises and such property may be removed and stored in a public warehouse or elsewhere at the cost of and for the account of Tenant, all without service of notice or resort to legal process and without being deemed guilty of trespass, or becoming liable for any loss or damage which may be occasioned thereby. Upon and after entry into possession without termination of the Lease, Landlord shall use reasonable efforts to relet the premises, or any part thereof for the account of Tenant to any other person, firm or corporation, for such rent and other charges for such time and upon such terms as Landlord, in Landlord's sole subjective discretion shall determine,but Landlord shall not be required to accept any potential Tenant offered by Tenant or to observe any instruction given by Tenant about such reletting. Landlord may make repairs or redecorate the premises to the extent deemed by the Landlord necessary or commercially reasonable. Notwithstanding any action of possession or re-entry into the Leased Premises by the Landlord as permitted in this Article, or termination of this Lease as permitted under Article XIII, it is stipulated and agreed that Tenant shall remain liable to landlord for damages for breach of this Lease and of Tenant's covenants hereunder in an amount equal to the total of the following: (a) All fixed minimum rent, additional rent, late charges, additional rent payable and otherwise, and any and all other charges payable by Tenant hereunder or under other agreements with the Landlord due for the period prior to the date of termination of this Lease or re-entry but unpaid, together with additional late charges from due date until paid; PLUS (b) All costs and expenses incurred by Landlord in connection with re-entry and repossession of the Leased Premises, the repair, renovation, remodeling, or redecoration thereof to the state required by this Lease upon termination or as may be necessary for reletting, and any broker's commissions, attorneys' fees, and other charges incurred in connection therewith or in connection with reletting the Leased Premises, including attorneys' fees, expended in the collection of Rents; PLUS (c) A sum equal to the present value of all Rents which would have been payable hereunder after the date of termination or re-entry for the balance of the term of the Lease had the Lease not been terminated or re-entry made, together with interest thereon at the rate of two percent(2%) per annum in excess of the prime rate as quoted by U.S. Bank N.A, to its best customers, or the highest rate permitted by law, whichever is less from due date until paid, PROVIDED THAT, in the event the Demised Premises are relet(which reletting shall in no event relieve or release Tenant of or from liability for damages hereunder) for all or any part of the balance of the original term hereof then, for each month during such reletting for which landlord receives net avails of such Page 12 3/22/99--CHS Lease agreement reletting, Tenant shall be entitled to a credit against its liability to Landlord for such month in an amount equal to such net avails, and PROVIDED FURTHER that, in lieu of damages as set forth in the foregoing provisions of this Section, Landlord may waive such foregoing provisions and elect, by written notice to Tenant within ninety(90) days after termination or re-entry,to receive forthwith as liquidated damages for such breach, in addition to the amounts specified above, a sum equal to fifteen percent(15%) of the Rents which would have been due and payable for the portion of the balance of the term of the Lease from the date of the early termination or re-entry through the final lease year. 13.3 PLAYGROUND EQUIPMENT. In the event of default by the Tenant, Tenant agrees that any and all playground equipment installed will remain in possession of the Landlord at the said premises. 13.4 COSTS, EXPENSES AND ATTORNEYS FEES. If one party is required to seek legal counsel for collection or to commence litigation or arbitration in order to enforce the covenants and agreements in this Lease,the party prevailing in such collection, litigation or arbitration shall have the right to reimbursement from the other party of all reasonable costs, expenses and attorney's fees. ARTICLE XIV-ESTOPPEL CERTIFICATE ATTORNMENT AND SUBORDINATION 14.1 ESTOPPEL CERTIFICATE. Within ten(10) days after the request by Landlord, Tenant shall deliver to Landlord a written and acknowledged statement certifying that Landlord has completed construction of the Demised Premises, that Tenant has accepted possession of the Demised Premises, that this Lease is unmodified and in full force and effect(or if there have been modifications,that the same is in full force and effect as modified and stating the modifications), the commencement date and termination date of the Lease,that Landlord is not in default under the Lease (or, if there is a default, stating specifically the default) and the dates to which the"minimum rent" and other charges have been paid in advance, if any, it being intended that any such statement delivered pursuant to this Article may be relied upon by any prospective purchaser or mortgagee of the fee of the Demised Premises. 14.2 ATTORNMENT. Upon request of Landlord, Tenant shall in the event any proceedings are brought for the foreclosure of or in the event of exercise of the power of sale under any mortgage made by Lessor covering the Demised Premises, return to the purchaser upon any foreclosure or sale and recognize such purchaser as Landlord under this Lease. 14.3 ATTORNEY-IN-FACT. Tenant, upon request of any party in interest, shall execute promptly such instruments or certificates to carry out the intent of sections 14.1 and 14.2 above. Tenant hereby irrevocably appoints Landlord as attorney in fact for Tenant with full Page 13 3122/99--CHS Lease agreement power and authority to execute and deliver in the name of Tenant any such instruments or certificates. 14.4 SUBORDINATION. Upon request of landlord, Tenant shall, in writing, subordinate its right hereunder to any ground leases of to the lien of any mortgage or mortgages, or the lien, resulting from any other method of financing or refinancing,now or hereafter in force against the land and/or buildings of which the Demised Premises are a part or against any buildings hereafter placed upon the land of which the Demised Premises are parts, and to all advances made or hereafter to be made upon the security thereof,provided Tenant is granted non-disturbance rights. 14.5 RECORDATION. This Lease shall not be recorded without the prior consent of Landlord. Upon the request of the Landlord, Tenant shall execute a short form of this Lease which may be recorded in Landlord's sole discretion. 14.6 NOTICE TO MORTGAGEE. After receiving written notice from any person, firm or other entity that it holds a mortgage (which term shall included a deed of trust) which includes as part of the mortgaged property the Demised Premises, Tenant shall so long as such mortgage is outstanding be required to give to such holder a duplicate notice of any notice required to be given to Landlord by this Lease. It is further agreed that such holder shall have the same opportunity to cure any default, and the same time within which to effect such curing, as is avoidable to Landlord; and if necessary to cure such a default, such holder shall have access to the Demised Premises. ARTICLE XV-LANDLORD DEFAULT 15.1 DEFAULT NOTICE TO LANDLORD. Should Landlord default in the performance of any of the covenants on the part of the Landlord to be kept or performed and such default shall continue for thirty (30) days after written notice to Landlord from Tenant specifying such default, or should any warranty or representation made by Landlord be untrue and remain untrue after thirty (30) days after written notice from Tenant specifying such untruth, then and only in such event, shall termination of this Lease be effected or action taken or remedy pursued. If the default or untruth is of such character so as to require more than thirty (30) days to remedy, the Landlord shall have a reasonable period in which to remedy the same, provided Landlord is proceeding diligently. Tenant waives its right to make repairs at Landlord's expense. ARTICLE XVI- MISCELLANEOUS PROVISIONS 16.1 HOLDING OVER. In the event that Tenant shall continue to occupy the demised Premises after the expiration of the term of this Lease or written extension of the term hereof without entering a new Lease or written extension of the term hereof said tenancy shall be construed to be a"tenancy from month to month"upon all of the other terms and conditions herein contained, except where same are not applicable and except that the rental during such Page 14 3/22/99--CHS Lease agreement 1 holdover period shall be the then current"minimum rent"plus fifty percent (50%) thereof shall continue to be paid. 16.2 NO PARTNERSHIP. It is expressly understood that the Landlord and Tenant are not partners or co-venturers, and that the Landlord has no right, title or interest in and to the business of the Tenant, and that the Tenant has no right to represent or bind the Landlord in any respect whatsoever, and that nothing herein contained shall be deemed, held or construed as making the Landlord a partner or associate of the Tenant, or as rendering the Landlord liable for any debts, liabilities or obligations incurred by the Tenant; it being expressly understood that the relationship between the parties hereto is and shall at all times remain, that of Landlord and Tenant. 16.3 WAIVER. Failure on the part of the Landlord to complain of any action or nonaction on the part of Tenant, no matter how long the same may continue, and no matter what other action or non-action by Tenant that Landlord has already complained of shall never be deemed to be a waiver by Landlord of any of its rights hereunder. Further, it is covenanted and agreed that no waiver at any time of any of the provisions hereof by Landlord shall be construed as a waiver of any of the other provisions hereof and that a waiver at any time of any of the provisions hereof shall not be construed as a waiver at any subsequent time of the same provisions. The consent or approval shall not be deemed to waive or render unnecessary Landlord's consent or approval to or any subsequent similar act by Tenant. No payment by Tenant, or acceptance by Landlord, of a lesser amount than shall be due from Tenant to Landlord, even after demand by Landlord for rent pursuant to Tenant's rent default shall be treated otherwise than a payment on account. The acceptance by landlord of a check for a lesser amount with an endorsement or statement thereon, or upon any letter accompanying such check,that said lesser amount is payment in full shall be given no effect, and Landlord may accept such check without prejudice to any further rights or remedies which Landlord may have against Tenant. Further, failure of the Landlord to bill timely for other additional rent as heretofore required shall not be deemed a waiver of Tenant's liability to pay same. 16.4 COVENANT OF QUIET ENJOYMENT. Tenant, subject of the terms and provisions of this Lease, on payment of the rent and observing, keeping and performing all of the terms and provisions of this Lease on its part to be observed, kept and performed, shall lawfully, peaceably and quietly have, hold, occupy and enjoy the Demised Premises during the term hereof without hindrance or objection by any persons lawfully claiming under Landlord. 16.5 ENTIRE AGREEMENT. This Lease is executed in identical counterparts, each of which, when bearing original initials of the parties on each page and at each change in the text hereof as well as original signatures at the end of each document, shall constitute an original for all purposes. All previous agreements, including the lease entered into between the parties on June 9, 1997, whether oral or written are superseded by and merged with this Lease. Subsequent Page 15 3/22/99--CHS Lease agreement changes shall not be binding unless reduced to writing and signed by the parties hereto. 16.6 INVALIDATION OF PARTICULAR PROVISIONS. If any clause,term or provision of this Lease, or the application thereof to any person or circumstance shall to any extent, be invalid, unenforceable, or not in compliance with state bond financed property requirements, the remainder of this lease, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Lease shall be valid and be enforced to the fullest extent permitted by law. It is the intention of the parties hereto that in lieu of each clause, term or provision of this Lease that is illegal, invalid, unenforceable, or not in compliance with state bond financed property requirements,there be added as part of this Lease a clause,term, provision, or state bond financed property requirement similar to such illegal invalid or unenforceable clause, term, provision, or state bond financed property requirement as may be possible and would be legal, valid, and enforceable. 16.7 PROVISIONS BINDING, ETC. Except as herein otherwise expressly provided, the terms hereof shall be binding upon and shall inure to the benefit of the heirs, successors, assigns and legally appointed representative, respectively, of the Landlord and the Tenant. Each term and each provision of this Lease to be performed by Tenant shall be construed to be both a covenant and a condition. 16.8 GOVERNING LAW. The laws of the State of Minnesota shall govern the interpretation,validity, performance and enforcement of this Lease. 16.9 NOTICES. Any notice which is required under this Lease shall be deemed "given"upon hand delivery or three (3) days after prepaid posting in the U.S. Mail whichever shall first occur. Notice shall be addressed to the addresses listed at the beginning of this Lease or to any other address as shall be designated by written notice. Where in this Lease a certain number of days from date of notice to a given action is specified, unless the specific provision otherwise states,the days shall be counted as follows: The first calendar day shall be excluded and the last day shall be included, unless the last day is a Saturday, Sunday, or legal holiday, in which event the period shall be extended to include the next day which is not a Saturday, Sunday or legal holiday. 16.10 HEADINGS. The heading, section numbers and article numbers appearing in this Lease are not intended in any manner to define, limit, or describe the scope of any such section or article and are solely for ready reference purposes. 16.11 PRONOUNS. As utilized in this Lease,the "singular"pronouns shall include the "plural" and the"masculine" shall include the"feminine" and the"neuter", and vice versa, unless a contrary intent specifically appears. Page 16 3/22/99--CHS Lease agreement 16.12 LANDLORD'S LIABILITY. Notwithstanding anything to the contrary in this Lease, it is specifically understood and agreed such agreement being a primary consideration for the execution of this Lease by the landlord, that there shall be absolutely no personal liability on the part of the Landlord, its successors, assigns, legally appointed representative or any mortgagee in possession(for the purposes of this section collectively referred to as "Landlord") with respect to any of the terms, covenants and conditions of this Lease and that Tenant shall look solely to the equity of the Landlord in the Demised Premises for the satisfaction of each and every remedy of Tenant in the event of any breach by the Landlord of any of the terms, covenants and conditions of this Lease to be performed by Landlord, such exculpation of liability to be absolute and without any exception whatsoever. 16.13 CONTINUANCE OF LANDLORD PROGRAM. This Lease shall be subject to termination in the event Landlord discontinues operation of the Demised Premises or the Governmental Program as set forth in Article XVII. ARTICLE XVII - STATE BOND FINANCE PROPERTY ACKNOWLEDGMENT AND COMPLIANCE The Landlord and Tenant acknowledge that funding for a portion of the Demised Premises was obtained through a grant from the State of Minnesota's Department of Children, Families and Learning, and as such, the Demised Premises is considered state bond financed property. The following requirements contained within this Lease are included to satisfy the state bond finance property requirements of Minnesota Statutes Section 16A.695 for Use Agreements, to comply with the requirements contained in the G.O Compliance Statutes, and pursuant to the Commissioner's Order. 17.1 ENTITY STATUS. The Landlord is defined as a public entity organized as a charter City pursuant to Minnesota Statutes Chapter 410, and is thus a Minnesota municipal corporation. 17.2 DEMISED PREMISES OWNERSHIP. The Demised Premises is owned solely and completely by the Landlord, the City of Mounds View. 17.3 AGREEMENT AUTHORITY. The Landlord has entered into this Lease with the Tenant pursuant to Minnesota Statutes Section 471.15 and the City of Mounds View Municipal Charter and Municipal Code. 17.4 GOVERNMENTAL PROGRAM. This Lease is (I)being executed and entered into to carry out a Governmental Program, (ii) such Governmental Program is the City of Mounds View Parks and Recreation Program, including the operation of the Community Center and its accompanying facilities, as well as the parks within the City and general recreational programming within the City; and (iii) such Governmental Program constitutes the Mounds View Parks and Recreation Program and is authorized pursuant to Municipal Charter Section Page 17 3/22/99--CHS Lease agreement 6.02. Subdivision 1. Municipal Code Section 106.05 and Chapter 405, and Minnesota Statutes Section 471.15. 17.5 GOVERNMENTAL PROGRAM OVERSIGHT. Oversight of the Governmental Program by the Landlord is provided by the requirement, hereby agreed to by the parties that the Tenant provide Landlord the right to inspect and audit Tenant's books and records for its portion of the governmental program to be operated at the Demised Premises, with each such review to show the program budget, revenues and expenses. 17.6 TERM OF THE USE AGREEMENT. As the Demised Premises consists of land and buildings, the term of this Lease as provided herein relating to the building and improvements, and including all renewals which are solely at the option the Tenant, is for a period of time which is less than 50% of the useful life of the Demised Premises. 17.7 TERMINATION OF THE USE AGREEMENT. This Lease allows for termination by the Landlord, pursuant to Section 13.2, in the event of default hereunder by the Tenant. The termination of this Lease is also allowed by the Landlord,pursuant to Section 16.13, in the event that the Governmental Program, the City's parks and recreation program, is terminated or changed. 17.8 COST OF OPERATION OF THE FACILITY("DEMISED PREMISES"). The Landlord possesses specific statutory authority pursuant to Minnesota Statutes Section 471.15, the City's Municipal Charter Section 6.02, Subdivision 1, and the City's Municipal Code Section 106.05 and Chapter 405, to expend monies to operate and maintain the Demised Premises. 17.9 RECEIPT OF MONIES/COMPLIANCE WITH TAX CODE. It si contemplated and understood by the parties to this Agreement, that the Landlord's operation of the Demised Premises is in compliance with the tax code. 17.10 SALE OF THE FACILITY (DEMISED PREMISES) (a) This Lease is free of any provisions which would require the Landlord to sell the Demised Premises for an amount less than the fair market value if it is to be sold to a non public entity. (b) This Lease is free of any provisions which would allow the Landlord to sell the facility (Demised Premises) without the Landlord first determining, by official action, that the Demised Premises is no longer usable or needed to carry out the Governmental Program. (c) This Lease is free of any provisions which would require the Landlord to sell the Demised Premises without first obtaining written consent of the Commissioner of Finance, pursuant to Minn. Statutes Section 16A. 695. Subdivision 3, and the Commissioner's Order. Page 18 3/22/99--CHS Lease agreement (d) This Lease is free of any provisions which would cause the matter of distribution of the proceeds of the sale of the Demised Premises, which is not provided for nor contemplated in this Lease to violated the provisions contained in the G.O. Compliance Bill and the Commissioner's Order(Minn. Statutes Section 16A.693 Subdivision 3 and the Commissioner's Order). (e) This Lease contains no provisions concerning the sale of the Demised Premises or the termination of the Governmental Program. IN WITNESS WHEREOF, the parties hereto have affixed their signatures the day and year first above written. LANDLORD: THE CITY OF MOUNDS VIEW By: Its: Mayor Its: Its: Clerk-Administrator STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1999 by Dan Coughlin and Charles S. Whiting, the Mayor and City Clerk- Administrator on behalf of the City of Mounds View. Notary Public TENANT: CHILDREN'S HOME SOCIETY OF MINNESOTA By: Its: Page 19 3/22/99--CHS Lease agreement STATE OF MINNESOTA ) )SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1999 by , the , on behalf of Children's Home Society of Minnesota, a Minnesota non-profit corporation. Notary Public Page 20 3/22/99--CHS Lease agreement RESOLUTION NO. 5295 4 s' CITY OF MOUNDS VIEW COUNTY OF RAMSEY `* ` STATE OF MINNESOTA RESOLUTION AUTHORIZING THE CITY TO ENTER INTO A NEW LEASE AGREEMENT WITH THE CHILDREN'S HOME SOCIETY WHEREAS,the City of Mounds View and the Children's Home Society have agreed to draft a new lease agreement for the space at the Community Center; and WHEREAS, it is in the best interest of the City of Mounds View to enter into this new lease agreement, and WHEREAS,the mutually agreeable terms have been laid out in the attached contract; NOW THEREFORE, BE IT RESOLVED THAT the attached draft contract is hereby approved as to its contents and accurately reflects the terms by the City of Mounds View and the Children's Home Society, subject to any technical revisions as recommended by the City Attorney. Adopted this day of January, 1999 APPROV9 ' ATTEST Mayor Dan Coughlin (SEAL) Chuck Whiting, City Administrator M Item No. 9 r Type of Business: CB WK: Work Session; PH:Public Hearing; CA: Consent Agenda;CB:Council Business City of Mounds View Staff Report To: Mayor and City Council From: Chuck Whiting, Cari Schmidt, and Bruce Kessel Item Title/Subject: Resolution 5313 - Chief Tim Ramacher's Severance Package Date of Report: March 18, 1999 After 28 years of service to the City of Mounds View, Chief Tim Ramacher has announced his retirement. In determining his options for a severance package, it has come to our attention that there is no policy that clearly applies to the Chief of Police. He is not covered under the Union contract, and there is a provision in the Code that removes Police personnel from the personnel provisions listed there. (General Personnel Provisions - 301.02 Subd. 3 "Members of the Police Department Exempt: This Title shall not be applicable to policemen or officers of the Municipal Police Department.") The Chief was hired in 1971, and promoted to Chief of Police in 1983. The provisions of the Code relating to sick leave, severance and police being exempt were the same in 1983 as they are today. The Council also inquired as to the Civil Service Commission Rules on this matter. The rules do not speak to this issue. However, the City received a letter from the Chair of the Civil Service Commission, which is included in this packet. There are a number of options that the Council could take in this situation. OPTION A: The Council could elect to apply the personnel provisions in the code that apply to all non-union employees to the Chief. This would provide him with: Sick Leave - Severance pay shall be granted in the amount of fifty percent(50%) of unused sick leave to employees who have completed ten years of service. Upon death of the Employee the beneficiary of the employee shall be paid the benefit. (Chapter 305 Sick Leave 305.01 Subd. 6) OPTION B: The Council could apply combine the Union provision and non-union provision and give the Chief 65% of the 960 hours. There is no precedent for this decision, but it would be a combination of the two options. The breakdown of monthly payments and interest are shown on the attached spreadsheets. OPTION C: Another alternative could be taken. If the Council wants to reward the Chief for not having used his sick leave, but is concerned that 2700 hours is too much, 1800 hours could be used to calculate the sick leave. The breakdown of monthly payments and interest are shown on the attached spreadsheets. This amount would not be paid in a lump sum. It would be placed in a separate account to be used to pay for insurance payments over time only until the age of 65, or until the money runs out(whichever happens first) OPTION D: The Council could elect to apply the Union provision to the Chief as he is the head of the Department where the other employees receive this benefit. Under their negotiated union contracts, Patrol officers and Sergeants have an additional option of using 65% of their accumulated sick leave towards their insurance premium for as long as the funds are available until the retiree's 65th birthday. (Section 23 of the 1998 L.E.L.S. contract)' Upon retirement, Chief Ramacher will have approximately 2700 hours of sick leave built up. This would result in a payout over time of approximately $57,000. The monthly payments, interest and balance are broken down on the attached spreadsheets. Whichever option the Council elects,the appropriate language will be inserted into the attached Resolution and presented at the Council meeting. (As a side note, it has come to our attention that the Mounds View School District pays retired employees that have served over 15 years- life insurance, health and dental insurance until they reach age 65. They currently have over 150 retired employees receiving this benefit.) RESOLUTION NO. 5313 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION AUTHORIZING THE SEVERANCE PACKAGE OF TIM RAMACHER WHEREAS, Tim Ramacher has completed 28 years of dedicated service to the City of Mounds View; and WHEREAS, he has elected to retire effective March 31, 1999; and WHEREAS,he is entitled to severance benefits upon retirement: • 100 % of accumulated vacation time accumulated (Personnel Code Section 4.35 - Separation Compensation); • of accumulated and banked sick leave for NOW, THEREFORE,BE IT RESOLVED the City Council hereby approves the aforementioned provisions for Tim Ramacher's severance package and expresses their sincere appreciation for his 28 years of dedicated service to the City of Mounds View. Adopted this 8th day of March, 1999 ATTEST: Mayor Dan Coughlin (SEAL) City Administrator Charles S. Whiting N:\USERS\CARIS\ADMIN\PERSONNE\RAMACHER.WPD-3 Option A Option B Option C Option D Hours 960 960 1,800 2,700 Salary $32.66 $32.66 $32.66 $32.66 Percent 50% 65% 65% 65% Net 15,676.80 20,379.84 38,212.20 57,318.30 Years @ 400/month 4.25 7.96 11.94 Interest rate 5.5% 5.5% 5.5% Insurance Interest Balance Insurance Interest Balance Insurance Interest Balance 15,676.80 18,138.26 30,888.33 41,951.83 1 400.00 83.13 17,821.39 400.00 141.57 30,629.90 400.00 192.28 41,744.11 2 400.00 81.68 17,503.07 400.00 140.39 30,370.29 400.00 191.33 41,535.44 3 400.00 80.22 17,183.29 400.00 139.20 30,109.49 400.00 190.37 41,325.81 4 400.00 78.76 16,862.05 400.00 138.00 29,847.49 400.00 189.41 41,115.22 5 400.00 77.28 16,539.33 400.00 136.80 29,584.29 400.00 188.44 40,903.66 6 400.00 75.81 16,215.14 400.00 135.59 29,319.88 400.00 187.48 40,691.14 7 400.00 74.32 15,889.46 400.00 134.38 29,054.26 400.00 186.50 40,477.64 8 400.00 72.83 15,562.29 400.00 133.17 28,787.43 400.00 185.52 40,263.16 9 400.00 71.33 15,233.62 400.00 131.94 28,519.37 400.00 184.54 40,047.70 10 400.00 69.82 14,903.44 400.00 130.71 28,250.08 400.00 183.55 39,831.25 11 400.00 68.31 14,571.75 400.00 129.48 27,979.56 400.00 182.56 39,613.81 12 400.00 66.79 14,238.54 400.00 128.24 27,707.80 400.00 181.56 39,395.37 13 400.00 65.26 13,903.80 400.00 126.99 27,434.79 400.00 180.56 39,175.93 14 400.00 63.73 13,567.53 400.00 125.74 27,160.53 400.00 179.56 38,955.49 15 400.00 62.18 13,229.71 400.00 124.49 26,885.02 400.00 178.55 38,734.04 16 400.00 60.64 12,890.35 400.00 123.22 26,608.24 400.00 177.53 38,511.57 17 400.00 59.08 12,549.43 400.00 121.95 26,330.19 400.00 176.51 38,288.08 18 400.00 57.52 12,206.95 400.00 120.68 26,050.87 400.00 175.49 38,063.57 19 400.00 55.95 11,862.90 400.00 119.40 25,770.27 400.00 174.46 37,838.03 20 400.00 54.37 11,517.27 400.00 118.11 25,488.38 400.00 173.42 37,611.45 21 400.00 52.79 11,170.06 400.00 116.82 25,205.20 400.00 172.39 37,383.84 22 400.00 51.20 10,821.26 400.00 115.52 24,920.72 400.00 171.34 37,155.18 23 400.00 49.60 10,470.86 400.00 114.22 24,634.94 400.00 170.29 36,925.47 24 400.00 47.99 10,118.85 400.00 112.91 24,347.85 400.00 169.24 36,694.71 25 400.00 46.38 9,765.23 400.00 111.59 24,059.44 400.00 168.18 36,462.89 26 400.00 44.76 9,409.99 400.00 110.27 23,769.71 400.00 167.12 36,230.01 27 400.00 43.13 9,053.12 400.00 108.94 23,478.65 400.00 166.05 35,996.06 28 400.00 41.49 8,694.61 400.00 107.61 23,186.26 400.00 164.98 35,761.04 29 400.00 39.85 8,334.46 400.00 106.27 22,892.53 400.00 163.90 35,524.94 30 400.00 38.20 7,972.66 400.00 104.92 22,597.45 400.00 162.82 35,287.76 31 400.00 36.54 7,609.20 400.00 103.57 22,301.02 400.00 161.74 35,049.50 32 400.00 34.88 7,244.08 400.00 102.21 22,003.23 400.00 160.64 34,810.14 33 400.00 33.20 6,877.28 400.00 100.85 21,704.08 400.00 159.55 34,569.69 34 400.00 31.52 6,508.80 400.00 99.48 21,403.56 400.00 158.44 34,328.13 35 400.00 29.83 6,138.63 400.00 98.10 21,101.66 400.00 157.34 34,085.47 36 400.00 28.14 5,766.77 400.00 96.72 20,798.38 400.00 156.23 33,841.70 37 400.00 26.43 5,393.20 400.00 95.33 20,493.71 400.00 155.11 33,596.81 38 400.00 24.72 5,017.92 400.00 93.93 20,187.64 400.00 153.99 33,350.80 39 400.00 23.00 4,640.92 400.00 92.53 19,880.17 400.00 152.86 33,103.66 40 400.00 21.27 4,262.19 400.00 91.12 19,571.29 400.00 151.73 32,855.39 41 400.00 19.54 3,881.73 400.00 89.70 19,260.99 400.00 150.59 32,605.98 42 400.00 17.79 3,499.52 400.00 88.28 18,949.27 400.00 149.44 32,355.42 43 400.00 16.04 3,115.56 400.00 86.85 18,636.12 400.00 148.30 32,103.72 44 400.00 14.28 2,729.84 400.00 85.42 18,321.54 400.00 147.14 31,850.86 45 400.00 12.51 2,342.35 400.00 83.97 18,005.51 400.00 145.98 31,596.84 46 400.00 10.74 1,953.09 400.00 82.53 17,688.04 400.00 144.82 31,341.66 47 400.00 8.95 1,562.04 400.00 81.07 17,369.11 400.00 143.65 31,085.31 48 400.00 7.16 1,169.20 400.00 79.61 17,048.72 400.00 142.47 30,827.78 49 400.00 5.36 774.56 400.00 78.14 16,726.86 400.00 141.29 30,569.07 50 400.00 3.55 378.11 400.00 76.66 16,403.52 400.00 140.11 30,309.18 51 379.84 1.73 0.00 400.00 75.18 16,078.70 400.00 138.92 30,048.10 52 400.00 73.69 15,752.39 400.00 137.72 29,785.82 53 400.00 72.20 15,424.59 400.00 136.52 29,522.34 54 400.00 70.70 15,095.29 400.00 135.31 29,257.65 55 400.00 69.19 14,764.48 400.00 134.10 28,991.75 56 400.00 67.67 14,432.15 400.00 132.88 28,724.63 57 400.00 66.15 14,098.30 400.00 131.65 28,456.28 58 400.00 64.62 13,762.92 400.00 130.42 28,186.70 59 400.00 63.08 13,426.00 400.00 129.19 27,915.89 60 400.00 61.54 13,087.54 400.00 127.95 27,643.84 61 400.00 59.98 12,747.52 400.00 126.70 27,370.54 62 400.00 58.43 12,405.95 400.00 125.45 27,095.99 63 400.00 56.86 12,062.81 400.00 124.19 26,820.18 64 400.00 55.29 11,718.10 400.00 122.93 26,543.11 65 400.00 53.71 11,371.81 400.00 121.66 26,264.77 66 400.00 52.12 11,023.93 400.00 120.38 25,985.15 67 400.00 50.53 10,674.46 400.00 119.10 25,704.25 68 400.00 48.92 10,323.38 400.00 117.81 25,422.06 69 400.00 47.32 9,970.70 400.00 116.52 25,138.58 70 400.00 45.70 9,616.40 400.00 115.22 24,853.80 71 400.00 44.08 9,260.48 400.00 113.91 24,567.71 72 400.00 42.44 8,902.92 400.00 112.60 24,280.31 73 400.00 40.81 8,543.73 400.00 111.28 23,991.59 74 400.00 39.16 8,182.89 400.00 109.96 23,701.55 75 400.00 37.50 7,820.39 400.00 108.63 23,410.18 76 400.00 35.84 7,456.23 400.00 107.30 23,117.48 77 400.00 34.17 7,090.40 400.00 105.96 22,823.44 78 400.00 32.50 6,722.90 400.00 104.61 22,528.05 79 400.00 30.81 6,353.71 400.00 103.25 22,231.30 80 400.00 29.12 5,982.83 400.00 101.89 21,933.19 81 400.00 27.42 5,610.25 400.00 100.53 21,633.72 82 400.00 25.71 5,235.96 400.00 99.15 21,332.87 83 400.00 24.00 4,859.96 400.00 97.78 21,030.65 84 400.00 22.27 4,482.23 400.00 96.39 20,727.04 85 400.00 20.54 4,102.77 400.00 95.00 20,422.04 86 400.00 18.80 3,721.57 400.00 93.60 20,115.64 87 400.00 17.06 3,338.63 400.00 92.20 19,807.84 88 400.00 15.30 2,953.93 400.00 90.79 19,498.63 89 400.00 13.54 2,567.47 400.00 89.37 19,188.00 90 400.00 11.77 2,179.24 400.00 87.95 18,875.95 91 400.00 9.99 1,789.23 400.00 86.51 18,562.46 92 400.00 8.20 1,397.43 400.00 85.08 18,247.54 93 400.00 6.40 1,003.83 400.00 83.63 17,931.17 94 400.00 4.60 608.43 400.00 82.18 17,613.35 95 400.00 2.79 211.22 400.00 80.73 17,294.08 96 212.20 0.97 (0.01) 400.00 79.26 16,973.34 97 400.00 77.79 16,651.13 98 400.00 76.32 16,327.45 99 400.00 74.83 16,002.28 100 400.00 73.34 15,675.62 101 400.00 71.85 15,347.47 102 400.00 70.34 15,017.81 103 400.00 68.83 14,686.64 104 400.00 67.31 14,353.95 105 400.00 65.79 14,019.74 106 400.00 64.26 13,684.00 107 400.00 62.72 13,346.72 108 400.00 61.17 13,007.89 109 400.00 59.62 12,667.51 110 400.00 58.06 12,325.57 111 400.00 56.49 11,982.06 112 400.00 54.92 11,636.98 113 400.00 53.34 11,290.32 114 400.00 51.75 10,942.07 115 400.00 50.15 10,592.22 116 400.00 48.55 10,240.77 117 400.00 46.94 9,887.71 118 400.00 45.32 9,533.03 119 400.00 43.69 9,176.72 120 400.00 42.06 8,818.78 121 400.00 40.42 8,459.20 122 400.00 38.77 8,097.97 123 400.00 37.12 7,735.09 124 400.00 35.45 7,370.54 125 400.00 33.78 7,004.32 126 400.00 32.10 6,636.42 127 400.00 30.42 6,266.84 128 400.00 28.72 5,895.56 129 400.00 27.02 5,522.58 130 400.00 25.31 5,147.89 131 400.00 23.59 4,771.48 132 400.00 21.87 4,393.35 133 400.00 20.14 4,013.49 134 400.00 18.40 3,631.89 135 400.00 16.65 3,248.54 136 400.00 14.89 2,863.43 137 400.00 13.12 2,476.55 138 400.00 11.35 2,087.90 139 400.00 9.57 1,697.47 140 400.00 7.78 1,305.25 141 400.00 5.98 911.23 142 400.00 4.18 515.41 143 400.00 2.36 117.77 144 118.30 0.54 0.01 145 146 Total 0.00 20,379.84 38,212.20 57,318.30 MAR. .10' 99(WED) 10 :05 DISC SYSTEMS TEL:612 782 7500 P. 001 DATE: March 9, 1999 TO: Mounds View City Council FROM: Charlynn Robertson President, Mounds View Police Civil Service Commission SUBJECT: Payment of Police Chief Ramacher's Sick Leave As a Human Resources executive and current President of the Mounds View Police Civil Service Commission, it is my responsibility to address the issue being discussed by the City Council regarding questioning the payment of Police Chief Tim Ramacher's accrued sick leave. I am concerned that the City Council is viewing this too narrowly and the impact of refusing payment will have far- reaching implications. Unemployment is at an all time low. Employee loyalty is down. As the nineties have posed distinct retention challenges for employers, organizations struggle to rebuild trust and confidence from their workforce. There is a reluctance to make personal sacrifices for an organization. Low unemployment and good economic times continually bring better career prospects and the pendulum has swung in favor of the job seeker, Never before has it been so critical to focus on strategies for keeping good employees. Recruiting and, more importantly, keeping good employees keeps money in the pockets of organizations. The message the City Council will send if it refuses to compensate Chief Ramacher for his dedication to his position, his employees and his city, is that It does not pay to be a hard-working, honorable employee. Instead, current and future employees will develop an "it's them against us" attitude, taking every single minute off from their job that they can because it will be obvious that they will not be treated fairly by the City Council. That, in turn, means less commitment to their jobs. This creates less commitment to the tax paying citizens of Mounds View. Employee absenteeism is a problem for most organizations. Forcing employees to use sick time perpetuates absenteeism. Chipping away at employee morale through a practice of unfair treatment causes "absenteeism on the job," i.e., lower productivity, inactivity at work, etc. Absenteeism costs organizations in many ways beyond the immediate time off. There may be premium pay for temporary help, premium pay for overtime work, salaries and benefits for supervisors' time spent on absenteeism problems, underutilization of facilities and substandard productivity. MAR, :10' 99(WED) 10:06 DISC SYSTEMS TEL:612 782 7500 P. 002 The confusion over the policy covering Chief Ramacher's accrued leave appears to be at the convenience of the City Council. The Police Chief is required to be a licensed police officer, like others in the Police Department. It is a bona fide occupational requirement. As such, he should be treated in accordance with other employees required to be licensed police officers in order to carry out their occupational responsibilities. In the absence of a written policy changing the perception of the implied treatment of licensed police officers regarding payment of accrued sick leave, it is grossly unfair to impose rules of convenience now that it is time to pay up. Realistically, if an employer permits licensed Police Department employees to accrue paid days for sick leave, it should consider such benefits as part of the licensed Police Department employee's pay that should be paid out upon separation. Again, the city cannot apply requirements such as licensing consistently to police positions only to turn around and apply inconsistent treatment of benefits provided to licensed police positions. Further, if the city determines it wishes to establish a new policy, it should compensate existing licensed Police Department employees for accrued, but unused sick leave at the time the new policy is established. The current pending action of not paying is punitive against Chief Ramacher. Further, the turmoil in the city over this issue creates a recruitment issue in finding a replacement for Chief Ramacher. The perception that the City Council does not provide a fair and equitable work environment makes attracting qualified and interested candidates extremely difficult, if not impossible. Given the choice of a chaotic, unfair work environment or a fair, ethical work environment, it wouldn't be hard for a top-notch candidate to make the right selection. The city will lose out every time. Now, we get to the treatment of older workers. Older workers are more likely to have accumulated significant sick leave because they have dedicated their talents to an organization for a longer period of time. This is certainly the case with Police Chief Ramacher. Punishing older workers for upholding their responsibilities is discriminatory and cruel at best. Does the City Council of Mounds View really want to send an anti-employee message? Have the extended costs of making a bad faith, penalizing decision really been considered? It does not appear so. I urge you to acknowledge and approve the understood agreement regarding accrued sick time as provided for Police Department employees by voting to compensate Police Chief Tim Ramacher at the rate of 65% of the accrued hours. Item No. 414 Type of Business: CB WK: Work Session;PH:Public Hearing; CA: Consent Agenda; CB:Council Business City of Mounds View Staff Report To: Mayor and City Council From: Cari Schmidt Item Title/Subject: Consideration of Resolutions 5325 and 5326 Severance Plan for City of Mounds View Building Official Displaced by Outsourcing of the City's Building Inspection Duties/Abolition of Building Official Position within the City of Mounds View Date of Report: March 17, 1999 The attached resolutions and severance package authorizes the City to provide the following severance benefits to Rick Jarson: 1. Payment of severance in the amount of one week of salary for every year of the employee's service to the City; and 2. Payment of unused vacation and sick leave in an amount equal to the full amount available for the employee's unused vacation leave and 50% of the accumulated sick leave; and 3. Payment by the City of an amount equal to six months of the City's standard contribution normally paid for an employee's health insurance premiums; and 4. Payment by the City, up to a value of$3,000 for outplacement or educational retraining; and 5. The offering is subject to the execution of a release of all claims by the employee against the City and its agents, consultants employees, former employees, insurers, heirs, executors and assigns The resolutions also establish that the abolition of this position is for budgetary reasons only, and is by no means a reflection on the performance of Rick Jarson, our current Building Official. 1N:\USERS\CARIS\ADMIN\LEGALUARSON.RPT RESOLUTION 5325 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA SEVERANCE PLAN/PROGRAM FOR CITY OF MOUNDS VIEW BUILDING OFFICIAL DISPLACED BY THE OUTSOURCING OF THE CITY BUILDING INSPECTION SERVICES WHEREAS, the City will be outsourcing building inspection services and the position of Building Official in the City; and WHEREAS,the City of Mounds View is eliminating the position of Building Official for budgetary reasons; and WHEREAS, the City will incur substantial budgetary savings through the outsourcing of building inspection services and the position of Building Official in the City; and WHEREAS,the elimination of this position will result in the displacement of one City employee; and WHEREAS, it is in the interest of the City to offer such employee a severance benefits package consistent with the City Code, City Administrative Policies, and state and federal statutes; and WHEREAS, Minnesota Statutes contemplate that such severance benefits package be instituted at the discretion of the City Council, subject to certain funding requirements. NOW THEREFORE, BE IT RESOLVED THAT the City Council of the City of Mounds View determines that it is in the interest of the City to offer the following terms and conditions for a severance benfits package to the employee displace by the elimination of the Building Official position: 1. Payment of severance in the amount of one week of the employee's annual salary for every year of the employee's service to the City; and 2. Payment of unused vacation and sick leave in an amount equal to the full amount available of the employee's unused vacation leave at the employee's time of departure from City service, and 50% of the employee's amount of accumulated sick leave at the employee's time of departure from the City; and 3. Payment by the City of an amount equivalent to six months of the City's standard contribution normally paid for an employee's health insurance premiums; and 4. Payment by the City, up to a value of$3,000, for outplacement/and or educational services, with such payment to be made to an outplacement services company/institution as agreed upon by the City and employee; and 5. That the offering of the above severance benefits by the City is subject to the execution of a release of all claims by the employee against the City and its agents, consultants, employees, former employees, insurers, heirs, executors and assigns, in such language as is required and approved by the City. NOW THEREFORE, BE IT FURTHER RESOLVED THAT the City Council directs City staff to prepare the appropriate documents and agreements to facilitate the offering and execution of the severance plan/program as provided herein. Adopted this day of March, 1999 Mayor Dan Coughlin Clerk- Administrator Charles S. Whiting RESOLUTION NO. 5326 CITY OF MOUNDS VIEW COUNTY OF RAMSEY STATE OF MINNESOTA RECOGNITION OF THE ABOLITION OF THE POSITION OF BUILDING OFFICIAL WITHIN THE CITY OF MOUNDS VIEW DUE TO THE OUTSOURCING OF BUILDING INSPECTION SERVICES FOR BUDGETARY REASONS WHEREAS,the City of Mounds View is eliminating the position of Building Official for budgetary reasons; and WHEREAS,the City will be outsourcing building inspection services and the position of Building Official in the City; and WHEREAS,the City will incur substantial budgetary savings through the outsourcing of building inspection services and the position of Building Official in the City; and WHEREAS, the elimination of this position will displace a City employee; and WHEREAS, the Mounds View Municipal Code provides in the situation of the abolition of a position that two weeks' advance written notice shall be given. NOW THEREFORE, BE IT RESOLVED THAT the City Council of the City of Mounds View abolishes the position of Building Official for budgetary reasons. NOW THEREFORE, BE IT FURTHER RESOLVED THAT,the City Council directs City staff to provide the appropriate notice of such Council action, pursuant to Municipal Code Section 307.01, to the affected employee. Adopted this day of March, 1999 Mayor Dan Coughlin Clerk Administrator Charles S. Whiting SEPARATION AGREEMENT AND RELEASE OF CLAIMS BETWEEN THE CITY OF MOUNDS VIEW, MINNESOTA AND RICK JARSON THIS AGREEMENT, made and entered into this day of , 1999 by and between the CITY OF MOUNDS VIEW, MINNESOTA(the "City"), and RICK JARSON ("the Employee"). WITNESSETH: WHEREAS, the Employee has been employed by the City since May 13, 1991; WHEREAS, The City is eliminating the City's Building Official position for budgetary reasons; and WHEREAS, the City will be outsourcing building inspection services and the position of Building Official in the City; and WHEREAS, the City will incur substantial budgetary savings through the outsourcing of building inspection services and the position of Building Official in the City; and WHEREAS, both the City and the Employee have concluded that it is in the best interests of both parties that the employment of the Employee be discontinued,pursuant to the elimination of the Employee's position by the City, in accordance with the terms and conditions hereinafter set forth. NOW THEREFORE, IN CONSIDERATION of the mutual covenants and agreements as set forth herein, the sufficiency of which is hereby acknowledged by both parties, the City and the Employee agree as follows: 1. Elimination of Position. The Employee's position as Building Official is hereby eliminated effective April 6, 1999. The Employee and the City waive any notice that would otherwise be required. 2. Vacation Leave and Sick Leave. The Employee shall be given a lump sum payment of$5,421.21,reduced by applicable federal and state taxes, employment taxes, and other customary withholdings, in payment of all accumulated vacation leave and 50% of accumulated sick leave, as verified by the City's personnel records. The lump sum payment shall be made on the effective date of the Employee's separation from employment, following any applicable rescission periods. 1N:\USERS\CARIS\ADMIN\LEGALUARSON.WPD 3. Severance Pay. The City shall pay to the Employee the sum of$7030.40, which amount represents one week of the Employee's salary for every year of the Employee's service to the City, reduced by applicable federal and state taxes, employment taxes, and other customary withholdings, in settlement of all salary, compensatory time, claims in law and equity, as well as any administrative claims that the Employee may have against the City or its officers, agents, employees, or insurers. The payment shall be made on the effective date of the Employee's separation from employment with the City, following any applicable rescission periods, in a check made payable to "Rick Jarson." 4. Health Insurance Premiums. The City shall pay to the Employee a lump sum of $2,100.00 which amount represents six months of the City's contribution to the Employee's health insurance premiums at a rate of$350.00 per month. 5. Educational Benefits and/or out placement Services. The City shall provide the Employee with educational benefits and/or out placement services up to a value of$3,000.00, to be paid to the appropriate educational institution or out placement services company providing such educational or out placement services to the Employee. The City will make payments directly to the educational institution or out placement company upon submission of invoices by such entity to the City. Educational benefits and/or out placement services provided by the City to the Employee pursuant to this Agreement will be available to the Employee for one year from the date of this Agreement. 6. Release. In consideration of the above referenced Severance Pay at Paragraph No. 3, Health Insurance Premiums at Paragraph No. 4, and Educational Benefits and/or Out placement Services at Paragraph No. 5, the Employee, for himself, his heirs, administrators, representatives, successors, and assigns, hereby releases and forever discharges the City, and its attorneys, agents, representatives, employees, former employees, insurers, heirs, executors and assigns of and from any and all past, present or future claims, demands, obligations, actions or causes of action, at law or in equity, whether arising by statute, common law or otherwise, and for all claims for damages, of whatever kind or nature, and for all claims for attorneys' fees, and costs and expenses, including but not limited to all claims of any kind arising out of Employee's employment, including but not limited to claims for harassment, discrimination, or constructive discharge, or any actions arising from discussions in efforts to negotiate this Agreement. In consideration of the above referenced Severance Pay at Paragraph No. 3, Health Insurance Premiums at Paragraph No. 4, and Educational Benefits and/or Out placement Services at Paragraph No. 5, Employee further acknowledges that he is knowingly and voluntarily waiving all possible rights or claims arising under the Age Discrimination in Employment Act, 29 U.S.C. 626, and all possible rights under the Minnesota Human Rights Act, Minn. Stat. 363, et. al. and that Employee has consulted with his Attorney concerning the waiver of and content of the rights available under these Acts. The City and Employee acknowledge that Employee has 45 days in which to consider the waiver of rights available under the Age Discrimination in Employment Act before such waiver can become effective. 2N:\USERS\CARIS\ADMIN\LEGALUARSON.W PD It is specifically understood that the aforementioned release is intended to include only those claims arising from any conduct, event or transaction occurring prior to the date of this Agreement and is intended to include any and all claims for unknown injuries and/or damages, unanticipated injuries and/or damages, and unexpected consequences of injuries and/or damages. By signing this "Separation Agreement and Release of Claims,"Employee acknowledges that he has been provided with a written explanation of the employees covered by the employment termination program, the program's eligibility requirements, and any time limits applicable to the program. In addition, Employee acknowledges that he has been given a list of the job titles and ages of covered employees eligible to participate in the program, as well as a list of job titles and ages of covered employees in the same job classification or organizational unit who are not eligible or selected for the program. 7. Representation by Counsel. Employee represents to the City that he has had an opportunity to consult with legal counsel of his own choosing with respect to this Agreement and all matters covered by and relating to it. Employee further agrees and represents that he has not received or relied upon any advice or representations by City or City's counsel in entering this Agreement. This Agreement shall be binding upon Employee and his legal counsel and inure to the benefit of the City and its respective successors, assigns, subsidiaries,heirs, executors, personal representatives, and agents. 8. Attorneys' Fees and Expenses. Each party will be responsible for the payment of their own attorneys' fees and expenses in connection with this matter. 9. No Admission of Liability. It is specifically understood that by reason of agreeing to this Agreement, the parties hereby released admit absolutely no liability, misconduct, wrongdoing, unethical or unprofessional conduct of any sort, and it is further specifically understood that this Agreement shall not be construed as an admission of liability, misconduct, wrongdoing, unethical or unprofessional conduct of any sort on the part of any party. 10. Voluntary and Knowing Action. The parties acknowledge that they have had the opportunity to consult with their own legal counsel, that they have thoroughly read and understand the terms of this Agreement, and that they are voluntarily entering into this Agreement to resolve this matter. 11. Data Practices Requirements. This "Separation Agreement and Release of Claims" is public data. To the extent permitted by law, all other personnel data collected relating to the Employee shall remain private data. 12. Rescission/Revocation Period. This Agreement is subject to the following rescission/revocation periods as provided by law: Age Discrimination in Employment Act, 7 days, 29 U.S.C. 626 (f)(1)(G); Minnesota Human Rights Act, 15 days, Minn. Stat. 363.031, Subd. 2. 3N:\USERS\CARIS\ADMIN\LEGALUARSON.W PD Once the Agreement has been executed, Employee understands that he has the right to rescind and/or revoke the waivers and releases contained in this Agreement. To be effective, the rescission or revocation must be in writing and delivered to the City either by hand or mail within the 7 day period for the Age Discrimination in Employment Act, or within the 15 day period for the Minnesota Human Rights Act. If delivered by mail, the rescission or revocation must be postmarked within the applicable 7 or 15 day period; (2)properly addressed to the City; and (3) sent by certified mail return receipt requested. The address of the City is: City of Mounds View 2401 Highway 10 Mounds View, MN 55112-1499 Attention: City Administrator 13. Veterans' Preference. Employee acknowledges and asserts that he is a veteran of the branch of the United States Armed Forces. Employee acknowledges that, in addition to this notice and acknowledgment, he has received notice of his veterans' preference rights as required by Minnesota Statutes Section 197.46 under separate cover. Such veterans' preference notice is as follows: The City of Mounds View believes that it eliminated your position in good faith for legitimate organizational reasons. If you are a veteran within the meaning of Minnesota Statutes Section 197.46 and are separated from military service under honorable conditions, you may be entitled to petition for a hearing under the Veterans' Preference Act to contest the bases of the layoff within sixty (60) calendar days of receipt of this notice for the purpose of directing the City of Mounds View to reinstate you to your former position with back pay. Your petition for a hearing must be in writing and directed to the Department of Veterans' Affairs, State of Minnesota, or you may petition for a Writ of Mandamus to the District Court. Failure to petition within sixty (60) day period may result in waiver of your rights as a veteran. 14. Governing Law. This Agreement will be construed, enforced and governed in accordance with the laws of the State of Minnesota. 4N:\USERS\CARIS\ADMIN\LEGALUARS ON.WPD IN WITNESS WHEREOF, the City and the Employee have approved and executed this Agreement this day of , 1999, after approval thereof by the City of Mounds View. CITY OF MOUNDS VIEW, MINNESOTA: EMPLOYEE: By: Dan Coughlin, Rick Jarson Mayor Charles S. Whiting City Administrator 5N:\USERS\CARIS\ADMIN\LEGALUARSON.WPD